Sneha Srivastava, Asian Law College, Noida
Introduction
Freedom of speech and expression is one of the basic and the paramount fundamental right that is guaranteed to all the citizens of India. However, a certain section of the society was not able to enjoy these rights because they were considered misfits as they didn’t fall under the category of either males and females.
Transgenders have been the long-persecuted community. They have faced a lot of discrimination and were subject to sex trade , exploitation, cruelty, painful and dangerous castrations and humiliation. They have always been seen as an outcast just because they had biological non-conforming gender and hence they were neglected and were made inaccessible to basic necessities and fundamental rights which were guaranteed to all citizens of India ( which were divided into just two gender categories i.e. the males and the females). They had no right to fight against any form of injustice, no right to participate in elections and no recognition in state and federal authorities. Also, since the gender of a person determined a no. of other rights as well such as marriage, taxation, succession and inheritance of property, adoption etc., the transgenders had to face discrimination in various areas of life.. However, recognizing transgenders as a third gender was a great step towards the upliftment of the transgender community. This decision by the apex court gave the transgenders an identity of their own, a place in the society and also the right to a dignified life, right to speech and expression, and equality before the law.
