The distinction of humans into male and female is exclusively based on the biological construction of their genitalia. Certain groups of people who do not fit into either of these divisions defying biological binaries are termed Transgenders. Their presence has been traced back to the ancient texts, for instance, in the ancient text named Kama Shashtra, the transgenders, or hijras, have been referred to as the ‘trityapakriti’. Lord Shiva’s half-male and half-female form ‘Ardhnarishwara’ is said to be his transgender ‘avatar’. Lord Rama sanctioned them the power to confer blessings on people on auspicious occasions like childbirth and marriage, and also at inaugural functions. The Transgenders are known by different names across the country, such as kinnars, hijras, etc, the third gender has suffered for a long time, against the injustice done to them in the form of non acceptability, denial of fundamental rights, mental as well as physical harassments. Despite having anti-discriminatory laws, the Indian Constitution has seldom proved beneficial in protecting the rights of the transgender due to a lack of proper implementation. Despite being officially declared as the third gender and being given equal access to the fundamental rights in the Constitution, the third gender is still officially and economically backward and has been subjected to numerous grievances by society. According to the Trans Protection Act 2019 physical or sexual assault against trans person is punishible from 6 months to 2 years while rape against woman by a man is punishible for a minimum of 10 years. However, after the Nalsa judgment, even after being considered as equal to their opposite gender binaries and receiving reservations in jobs these people still hold a marginalized position in the society. There is no reservation for the education of the transgender, however, marriage and inheritance rights have been provided to the transgenders. Despite all these, the transgenders are resorted to only limited sources of income, such as dancing and singing in the streets as well as in celebrations and small and odd jobs for sustenance. The term ‘’hijra’ is quite often used as a derogatory term and the Hijra community often is often subjected to mockery and humiliation. At times, they are also barred from receiving proper medical treatments. They are still not accepted whole heartedly by the society and are treated as an outcast. Despite all the laws made for their benefit, these people hardly benefit from them. They are denied admission to schools and other educational institutions due to the societal consideration of them as an outcast and the prevailing discrimination against them.
However, despite an age-long existence, these people are still treated as outcasts. To curb such practices, Supreme Court on April 15, 2014, passed The Rights of Transgender Persons Bill, 2014, providing reservations in education and jobs, legal aid, pensions, unemployment allowances, and skill development for transgender people. Despite all this, the Transgenders are still treated as an outcast and are subjected to discrimination which directly violates their basic fundamental rights as the citizens of India. Society tends to be ignorant about the legal benefits provided to them and often lives in denial of this. There is an ardent need to sensitize society and the government can do so by ensuring strict implementation of the laws, creating awareness programs, and generating employment and educational opportunities for the Eunuchs as we call them. Children, in schools, must be sensitized and taught about the varied gender differences, and once educated on this, can become a medium of change in society. For the world to be a better place, one needs to break free of the binaries and accept people for who they are and not what they are.
