Going Beyond Binary: Understanding Family Dynamics Of Transgenders In India
- IJLLR Journal
- Dec 15, 2024
- 1 min read
Tejaswini Tripathy, PhD Scholar, National Law University, Odisha
Satwik Acharya, Madhusudan Law University, Cuttack
ABSTRACT
The changing dynamics of socio-political facets have set the stage for a global competition, where countries continuously chase sustainability and growth targets with an impeccable desire to meet national and international standards, especially preserving the rights of non-binary sects of their population. The utopian standards premised on the idea that all humans are born free have resulted in the impractical implementation of measures aimed at protecting the intrinsically woven rights that predominantly form a part of natural law. Post the judicial recognition in NALSA and the awakening of freshly marked freedom brought by Navtej Johar, the idea of social inclusivity for non-conforming genders in all spheres of life has gained momentum. Even after the due identification of non-binary individuals as ‘others’, they still face ostracism in pertinent issues relating to family dynamics, especially marriage, custody, adoption, and inheritance. The existing personal laws are ostensibly non-accommodative thereby withholding the sense of equality and infusing a feeling of seclusion, in contrast to the ethos of Article 14. This further adds to the perpetual customs ofdiscrimination,abuse, ridicule,andbias.Thispaperattemptstostudythe marital and its consequential interests of the transgender community through the lenses of legislation and judicial decisions and further test it on the touchstones of the constitutional spirit and international instruments. The authors aim to identify abeyance to these unaddressed issues which are paramount for securing the legitimate interests of the community.
Keywords: Autonomy, Dignity, Discrimination, Recognition, Transgender
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