Inclusion Of Transgender – In The Inclusive Society

Vishal Gautam, Amity Law School Patna

ABSTRACT

The word trans gender is an umbrella term that is used for people whose gender identity does not match the sex they were assigned at the birth. Thus by this explanation too does not classifies the group to be discriminated ,One of the pillar of our constitution and as well as our nation is equality which has been enshrined in our constitution by fundamental rights, article 14 of the Indian constitution talks about equality before law and equal protection of law to each and every individual and it no-where explicitly or impliedly justifies the Inequality which was faced by the transgender community in our nation, even article 15 of the constitution protect against discrimination on the basis of sex, religion , race, caste or place of birth , but the discrimination which the trans gender group faced was not questioned by anyone before the hon’ble Supreme court took the matter and pronounced that trans group is also entitled to all the fundamental rights just like any other individual and there should be no discrimination or inequality in the celebrated judgement of National legal services authority v. Union of India,1 .The rights in our constitution have neither been modified nor added by this judgement it is just that these rights were recognised even for the transgender after this judgement, they have their existence from the epic era of Mahabharat and Ramaayan ,it is just that their rights and identity was not recognised in the society, we need to understand that existence and recognition are just like two sides of a coin and we can’t just move away without considering the other side, they were in existence they are in existence and will be in existence, so now it is our duty to recognise their rights ,their identity and help them live a normal life. With this article the author tries to explain the main aim of framing laws because be it judiciary, executive or legislature all these organs can only help the society to change but the real and effective change has to be brought by the people itself, if people are ready to evolve then the question of rights and identity of the third gender will never be a challenging issue in future.