Topic > History of Transgenders in India - 706

The absence of laws in India giving legal recognition to the transgender community has not only subjected them to inequality and discrimination but has also deprived them of their legal entity status. Since recognition by law as a “Juridical Person” is the beginning of rights and duties, it is imperative for this community to obtain legal recognition of their gender to be able to freely enjoy their rights and freedoms as an Indian citizen. the Apex Court in the case of National Legal Services Authority v. Union of India and others attempted to affirm to the transgender community their fundamental rights enshrined in Part III of the Constitution of India. The Court upheld the right of Hijras/eunuchs falling under the category of “transgender community” to self-identify their gender and observed that the government must ensure legal recognition of a “third gender” even in the absence of any existing statutory regime. “Recognition of transgenders as the third gender is not a social or medical issue, but a human rights issue,” Justice KS Radhakrishnan told the Hon'ble Supreme Court while passing the judgment. The Court has issued several directions to the central government and state governments, ranging from granting legal recognition to people’