Social inclusion and legal empowerment of transgender in India: challenges, rights, and pathways to equality

The goal of development in the modern era has articulated the role of liberal society based on democracy and social justice. It is a matter of gratification that today India is experiencing fundamental changes ensuing tremendous improvements in diverse sectors. India has also established itself in numerous fields resulting in the national economic growth and comprehensive advancement. However, this dramatic acceleration of development has not proved successful in bringing about the required changes in a few areas; one of them is the rights of transgender in India, especially the required social inclusion of transgender. Despite the humungous number, the existing international and national legislations fall short to concentrate and find the way out for the predicament of transgender in India which presently reflects as a mark towards dampening the spirit of rule of law in the country. Despite the overwhelming significance of the human rights and modern civilization the violations against the transgender have not been curtailed as required in the present era. 

In the civilized and democratic societies, law is extremely essential for appropriate conduct of individuals and good governance in the State. Universal Declaration of Human Rights is one of the most prominent and inspirational documents which embodies the protection to individuals cherishing the inherent dignity of human beings reassuring the inalienable right to equal protection as the germinal determinant of justice. Under the umbrella of the international instruments the Indian Constitution also guarantees array of rights for individuals, which are embodied in Part III as fundamental rights. Nonetheless, it is disheartening to accept that despite the Universal Declaration of Human Rights and the Constitutional law, the rights of LGBT are neither protected nor secured in India. However, recently the recognition of transgender as a ‘third gender’ by the Supreme Court is certainly a silver lining on the dark cloud. There is need to have specific rights in Statutes defining and protecting rights of individuals apart from sexual orientation. Inclusion of transgender in the mainstream will help them to cultivate optimistic attitudes and self-confidence which will bestow immense strength and ability to counter the social barriers and will also augment their efficiency in this technological era. The solution of such multidimensional problems does not lie only in framing of laws and delivering landmark judgments, but it requires skilful drafting of welfare policies, appropriate implementation of such policies by the State and unconditional enthusiastic acceptance of transgender by the members of the society.

This research paper aims to shed vivid light on the significance and need of social inclusion of transgender with immense necessity of welfare schemes and policies for transgender in India. It also critically evaluates the present scenario of lack of legal provisions and existing discrimination against transgender in the society. The paper is concluded with a few recommendations to craft skilful measures and implement the same with immaculate perfection and also puts forth the immense need of indiscriminate social inclusion of transgender in the mainstream of the society.