INTRODUCTION

Transgender individuals can be people of all ages or sex whose appearance, attributes, or
practices vary from generalizations about how people are 'assumed' to be. Transgender
individuals have existed in each culture, race, and class since the narrative of human life has
been recorded. The contemporary term 'transgender' emerged in the mid-1990s from the
grassroots of the network of the sexual orientation of diverse individuals. As per the dictionary
meaning of the word ‘Transgender’, it means a person who does not identify with conventional
gender roles or identities. American Psychological Association defines, “Transgender is an
umbrella term for persons whose gender identity, expression or behavior does not conform to
that typically associated with the sex to which they were assigned at birth.”
Transgender community includes Hijras, Eunuchs, Kothis, Aravanis, Jogappas, Shiv-Shakti etc.,
who have been a part of Indian society for centuries. The Vedic and Puranic literature mention
“Tritiya-Prakriti” meaning the third gender and “napunsaka” meaning someone with the loss of
procreative ability. The word hijra used in the Indian language appears to be derived from the
Persian word his, i.e., someone who is effeminate and/or ineffective or incompetent1. The very
idea of Hijras and different Transgenders in India is definitely not a new term; they have been
perceived in our history also. Despite the fact that the greater part of the eunuchs seen today is
asking at traffic signals or weddings.

A report on Transgender people published by UNAIDS in 2014 mentioned that 65% to 85% of
transgender people experienced verbal abuse, 25% to 45% faced physical abuse and almost 20%

1. Michelraj M Historical evolution of transgender community in India Asian Rev Soc Sci 2015;4:17-9.
2. The gap report 2014. Transgender people. UNAIDS / JC2656 ISBN 978-92-9253-062 4. Available at:
http://www.unaids.org/sites/default/files/media_asse t/08_Transgenderpeople.pdf
3. Reback CJ, Simon PA, Bemis CC, Gatson B. The Los Angeles Transgender Health Study: Community
Report. 2001.
4. Friedman MS, Marshal MP, Guadamuz TE, Wei C, Wong CF, Saewyc E, et al. A meta-analysis of
disparities in childhood sexual abuse, parental physical abuse, and peer victimization among sexual
minority and sexual nonminority individuals. Am J Public Health. 2011;101:1481-94
were sexually abused2. The Los Angeles Transgender Health Study has also shown that overall
80% transgender people being verbally abused and nearly 50% of them faced physical abuse 3.
Many of them experienced abuses from childhood to rest of their life in higher percentage
compared to general population4.It clearly questions their recognition as a third gender. The
further analysis is done in this paper on the proper gender recognition and its comparison with
international standards.

Background

The transgender community has marked their significance since ancient era. It was said that Lord
Rama, in the epic Ramayana, was leaving for the backwoods after being expelled from the
kingdom for a long time, pivots to his adherents and asks every one of the people to go back to
the city. Among his devotees, the hijras alone don't feel bound by this heading and chose to
remain with him. Awed with their dedication, Rama sanctions them the ability to give
endowments on individuals on events like childbirth and marriage, and furthermore, it is trusted
set phase for the custom of “badhai” in which hijras sing, dance and confers blessings. Trans
individuals also played an important role in the Royal courts of the Islamic world, specifically
during Mughal rule in Medival India. During British rule, a legislative enactment came into
action which penalized eunuchs who were enlisted, and seemed, by all accounts, to be dressed or
ornamented like a lady, in an open road, public streets and places.

Current Scenario

On April 15, 2014, the Supreme Court of India, in the case of National Legal Services Authority
v. Union of India and Others stated that Transgender persons have a right to be recognized in
their self-identified gender (male, female, or third gender) and are entitled to the full protection
of the right to equality, privacy, autonomy as enumerated in the chapter on fundamental rights in

5. National Legal Services Authority v.UOI (2014)5 SCC438

the Constitution of India5. In light of the NALSA judgment, the Rajya Sabha passed the Rights
of Transgender Bill, 2014. Nonetheless, Government then passed another bill, Rights for
Transgender Persons Bill, 2015 by making some alterations on the 2014 bill by evacuating
arrangements regarding Transgender Rights Court and National and State commission for
transgenders. The 2015 Bill experienced further changes and another bill was presented in the
Lok Sabha in 2016 — the transgender people (Protection of Rights Bill), which welcomed
condemning analysis from the transgender and activists.

In the judgment of Navtej Singh Johar v. Union of India Supreme Court struck down Section 377
of Indian Penal Code 1860 by considering that members of the LGBT committee are entitled to
the benefit of equal citizenship, without discrimination and to equal protection of the law.
In current scenario transgender bill 2018 is pending in Rajya Sabha and even transgender
community is against the passing of bill because it denies the community right to self identify
their gender and it also lacks the most basic rights even today.