In this Article we will understand Third Gender what is are their status in the society , here as we are social animal for us society plays very important role for development of individual in the society till now we know that there are two basic classification of person they are man and women but we can’t ignore the another class of people living with us they are also humans as like us so we will understand what rights they have under Indian constitution and what remedy provided to them if they are physically abused or mentally abused all this provisions are mentioned in different statutory law such as Indian Penal Code, Criminal Procedure code but this acts mainly focus on the only two genders , then how this third gender will be protected is our main topic to discuss.
Third Gender a part of our society which is always looked down there rights were not highlighted they are part of our society from ages, what does is it mean by Third Gender?
An individual who categorize themselves or by the society that they doesn’t belong to either of the general category i.e. men and women, but consider themselves as different from them.
The concept of Third Gender is broader term to denotes various sub division of themselves like basically any the third gender usually categorized on physical appearance, but it is not such, a person whose Hormones are not developed whose physical growth was not complete such person comes under others but it is only talking in very narrow scene if think any person who does not believe in Heteronormative ideology. When we talk of other then we should not only consider the physiology and also psychology of a person, in some case a person gender cannot be determined as they grow older there mental health determines their gender.
Meaning of Third Gender: - According to Dictionary.com
Third Gender (Noun):- A Gender Classification in Societies that recognize a Gender other than Male or Female.
History of Third Gender:- The people of third Gender is not a new genetic mutation which occurred in human race their existence is from ancient time if we study Mesopotamian Mythology which is considered as one of the oldest civilization land their ancient text there are evidences that Goddess (Ninmah) who was also considered as one of the oldest evident of such person. Such categories that are considered as part of the others used to Dance in front of higher status society. They always looked down.
Under Indian Culture also this people were mentioned if we study the two greatest mythological work Ramayana and Mahabharata this two texts also the transgender were mentioned in Ramayana when Lord Rama went for 14yrs of Exile in the forest then all the citizens of Ayodhya followed him at the river bank he ordered all the citizen stating all men and women return to the capital, at that time all men and women returned to the city but third gender were confused so they stayed there and after exile when lord Rama returned he saw those people residing near the river bank and was shocked and blessed them that you will be considered equal in future.
Status in India:-
As we seen that there are part of our society from ages and living among us yet in the 21st Century there are fighting for their rights in our country we are democratic country in our country they are usually referred as ‘Hijras’ we can say third gender or transgender here in the preview of Third gender not only Eunchs but also LGBT+ communities are also considered as part of Third gender. According an estimate there are around 10lakhs third gender stay in our country. Most of them lives in slums in poverty they don’t have equal right along with the normal gender we consider but government tried to uplift their status in our society.
Our Indian constitution under Article 14, 15, 19 and 21 talks about the basic rights given to every citizen of our country protected by the apex court. But we still see that those are not given any freedom to work, reside which are mentioned in Article 19 , They are discrimated which is against the Article 15 of the constitution there are not equally treated under Article 14, they don’t have Right to Dignity under Article 21. Above mentioned articles are crux of our Indian constitution and we can see that all the basic right which are guaranteed under Indian constitution are being infringed to them.
To protect such people government of India has passed an Act “Transgender Person (Protection of Rights) Act 2019” was passed by the parliament the main feature of this Act to protect the interest of the transgender people.
The Bill defines a transgender person as one who is (i) neither wholly female nor wholly male; or (ii) a combination of female or male; or (iii) neither female nor male. In addition, the person’s sense of gender must not match with the gender assigned at birth. The Bill further states that this will include trans-men, trans-women, persons with intersex variations and gender-queers. (Prsindia)
Government even formulated certain commission to protect the transgender community and formed Nation Council for Transgender Person. Usually few people perform Castration method on people to convert them in to Transgender which creates great impact on person life the procedure they follow is Sex Reassignment Surgery (SRS) this surgery was initiated to give a chance to a person who realise where he belongs but few people misuse it.
377. Unnatural offences.—whoever voluntarily has carnal inter¬course against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with impris¬onment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
Before the land mark judgement of Naz Foundation vs Government of NCT of Delhi and others Delhi Highcourt that said under above section criminalising of Heteronormative sex, got legalised this considered as greatest achievement in freedom of LGBT community. When we consider them equal under Article 14 of Indian Constitution then this sec 499 and 500 of IPC talks about Defamation are also applied if he the person is defamed on the grounds of Gender.
CONCLUSION:- Still in our community we look down for transgender, parents should teach their children about them and if any parent gives birth to such children should take care of them rather doing Honour killing of such child, Government should increase awareness and provide the equal status with everyone , government should provide reservation in jobs, educational institution etc,. And they are already in political world. Psychological support to transgender should be provided.
Credit: sanjay tiwari
Clg name:PADALA RAMA REDDY Law College