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Discrimination: The Cost Of Being The Third In Line




Ananya Wadhwa, CHRIST (Deemed to be University) Delhi NCR Campus


ABSTRACT


Worshipping Bahuchara Mata, the Hijra, gets empowered with the power of goddess to bless and curse only after the performance of the Emasculation Ritual or the performance of Nirvan. The ceremony is performed by the Hijra midwife, with two swift slices of the long blade, permanently severing his manhood1.(Most Hijras are born with male genitalia however some of the Hijras are born intersex, meaning born with a combination of male and female sex). The remaining blood that gushes from the cut is considered the last of the “male part”. The ceremony is performed without any Anesthesia or surgical tools available, for it is believed that medically performed castration would diminish the spiritual experience of the ritual.2


The term "citizen" refers to any individual who has their domicile in the territory of India or who was born within its borders. It is a gender-neutral term, encompassing all citizens, regardless of whether they identify as male, female, transgender, or belong to any other gender identity. However, the real issue arises when laws intended to ensure equality inadvertently perpetuate inequality by focusing primarily on binary gender categories— male and female. This creates a disparity, as the legal framework often fails to address the complexity of gender diversity. The concepts of "first gender," "second gender," and "third gender" are constructs that have evolved over time, but the true understanding of terms like pulinga (masculine), streelinga (feminine), and napunsakilinga (neuter) remains limited and vague. Historically, these terms were introduced, but their full meanings and implications were never thoroughly explored or explained in educational contexts. As a result, many individuals still stand at the crossroads of these questions: "What is gender & What is sex3. Addressing these questions is complex and sensitive, as it challenges societal norms and risks alienating those who do not conform to conventional expectations. Transgender individuals, who have long existed within society, continue to experience alienation and a sense of insecurity. A critical issue that remains largely overlooked is the disproportionate focus on biological sex while psychological sex. The internal experience of one's gender identity often goes unacknowledged.


Keywords: Napunsak linga, binary genders, sex, genders, heterosexual, homosexual, gender-neutral term, sexual abuse, transgender person, gender inequality, Third gender, rehabilitations centers, injustice, Gender identity, dignified life, unemployment.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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