Sangram Jadhav, Assistant Professor, G.H.Raisoni Law College, Nagpur
ABSTRACT
“I am what I am, so take me as I am” - The iconic words of Johann Wolfgang von Goethe, the renowned German thinker, mentioned in Navtej Johar’s case1 lead us to reflect on our traditional interpretation of the term "Gender." The restricted interpretation of gender has kept a major portion of the public at bay, especially the transgender community, resulting in incomprehensible forms of harassment and discrimination in the society. The transgender community2 is estimated to number around five million people. The Miniscule Fraction Principle was used at one time in the Suresh Kumar Koushal vs Naz Foundation case3, but it was rightfully overturned in the Navtej Singh Johar case. In a variety of methods and forms, this small group of people has been subjected to various sorts of social and cultural ostracization. In the past, Section 377 was routinely abused. It is best understood by referring to the case of Queen Empress vs Khairati4, in which the session judge expressed his concern about authorities exploiting section 377 against innocent transgender people. As a result of the abrogation, homosexual relationships are no longer illegal, and self-determination rights take precedence over all other laws. The decision has received worldwide acclaim and has given the community hope amid the stereotypical world of binaries. The Legislature passed Transgender Persons (Protection of Rights) Bill, 2019 (hereinafter referred as “the Bill'') on 5th August, 2019. The Act was intended to ensure that transgender people's rights and welfare were protected5. This paper aims to analyze the historical evolution of Transgender community and current status of the community. This paper claims that the transgender community should have got the same respect and dignity which they once enjoyed.
