BEGINNING OF A JOURNEY TOWARDS THE LEGAL RIGHTS OF TRANSGENDERS

ABSTRACT The transgender fraternity in India has been subjected to disdain and chauvinism for the past many years. This research paper is an attempt to highlight the cruel and discriminating behaviour of the society at large towards the transgender community and the numerous measures taken by the various countries and organizations around the world, including the United Nations, to change this narrow minded perspective of the society. The paper specifically reflects upon the role of Indian Parliament and Judiciary towards promoting the ultimate aspiration of providing equality and non discrimination to the people belonging to different sexual orientation and gender identity. The Rajya Sabha has recently passed the Transgenders Right Bill, 2014, while the Indian Supreme Court and High Court, on the other hand, continuously strive to ‘protect the rights’ of the transgenders in order to give them a venerable life and ensure liberty, which is enshrined as a fundamental right in the Indian Constitution. The paper further provides for certain solutions which the authors think as necessary to protect the rights of the transgenders and which might be essential for equal treatment of the said community. Key words- measures, equality, non-discrimination, ‘gender identity’ and ‘protect the rights’