World is Dominated by two Different types of people one is male and the other is female. But there are people whose identities do not fit in this rigid male/female definitions. Stepping out from these quaint antique Gender Terminology of male female they’re recognised as third gender, The term third gender is Extremely Wide and there are endless ways of People can be identifies, especially Outside the Parameters if Gender Binary terms.

The term third Gender can be used to describe someone who is non-binary, pangender, bigender, or anyone who expresses their gender differently than the sex they were assigned at birth.

In 385 B.C The Greek philosopher Plato Wrote about the Third Sex that was both male and female in Symposium. Sex Refers to the biological and physiological reality of being males or females, intersex. Whereas Gender refers to the characteristics of women, men, girls and boys that are socially constructed more likely behavioural aspects.

Thus The term ‘third gender’ refers to individuals who do not conform to traditional binary gender roles and identify themselves as neither male nor female.

India’s third gender community includes people who are biologically male or female but who identify themselves as another gender. The community also includes intersex people born with physical gender characteristics that do not fit into the stereotypical male-female binary classification.

Why We Need to Understand The Gender Justice

Gender justice is a fundamental aspect of human rights and is essential for the development of a just and equitable society.

However, in India, gender justice is often elusive, and individuals who do not conform to traditional gender norms face severe discrimination, violence, and exclusion. One such group is the third gender community, which is often referred to as hijras, kinnars, or aravanis. The third gender community in India has been historically marginalized and excluded from mainstream society, facing numerous social, political, and economic issues. This Article aims to highlight the issues faced by the third gender community in India and examine the efforts and Laws Needed for the Wellness of Third Gender by the government and society to adress their issues and Solutions to facilitate them better Life with Dignity.

Under the blanket of mythology

Third genders have specific recognition in the ancient era.Kamasutra in the 4th century mentioned physical pleasure in male – male union in vivid details. In 14th century story of sexual relations between two widows was highlighted in Bengal folklore. Nawabs in the court of Awadh in 18th century would dress up as women on certain holy Days. Scholars pointed out that while these queer practices might not have been widely practiced norms they were never derided or looked down. Till 1800 Indian poets Inshan Rangin were openly writing about male male and female female relations in the same tone as heterosexual relationships. Things changed in 1860 when homosexuality began to be viewed as a crime against in ‘the order of nature’ when Macaulay introduced section 377 in to the IPC modelled after the English Buggery Act of 1533 which made anal and oral sex, a punishable offence. Indians openness towards sex and sexuality ironically became one of the reasons the Britishers classification it as a “backward civilization”. In response Indian Nationalists asserted the ‘respectability’ of Indian culture in turn adopting conservative Victorian attitudes. In 1967 Britain passed a law legalising same sex relations, but the Victorian idea that homosexuality was ‘unnatural’ had become entrenched as an integral part of Indian values. In 1998  a Bollywood movie name ‘fire’ was released and it led to large scale protest by hardliner hindu leaders. LGBTQ+ activists have fought back against these perception. They held counter protest during the release of fire. And it’s the legal and social works over the years that highlighted our rich history of queer tradition and uniquely Indian experience of queerness.

Social issues faced by third Gender

Lack of Family Support and unacceptance of their identities push them to dark cage of to struggle for social justice, once they’re identified as Third gender they’re forced to leave their parental house as they believe that they’re not part of the society now and they should start living with people alike the. Article 15 of Indian Constitution provides Rights against discrimination but still we are well aware about the fact that in our society The third Gender are not even able to get some basic amenities like Education , health or employment.

A large group of Third gender is facing major health problems like

•           Emotional and psychological abuse.

•           Physical and sexual violence.

•           Sexually transmitted infections like HIV.

•           Substance misuse.

•           Mental health problems, such as depression, anxiety and thoughts of suicide.

The recent census data revealed the low literacy rate among this community.

In Work field their Participation is like Nothing, You might have seen them Dancing , Clapping and asking for money in Trains, Buses and more often on the red Lights and would have been in thought that why they’re not doing some jobs for their survival, so here’s the answer that society have feeling of disgust, People hesitates to hire them as domestic worker, hesitates to buy edibles from their shops and feels unsafe Around them because of their warnings or Bodily gestures.

Our society often ridicules and abuses the Transgender community and in public places like railway stations, bus stands, schools, workplaces, malls, theatres, hospitals, they are side-lined and treated as untouchables, forgetting the fact that the moral failure lies in the society’s unwillingness to contain or embrace different gender identities and expressions, a mind-set which we have to change.

Case Laws and Landmark Judgements For the betterment of Third Gender.

The Naz Foundation case, also known as the “377 case,” was a landmark case in India that dealt with the issue of homosexuality and the constitutionality of Section 377 of the Indian Penal Code, which criminalized homosexuality. In 2009, the Delhi High Court delivered a historic judgment, striking down Section 377 as unconstitutional and violating the fundamental rights of LGBTQ+ individuals. However, in 2013, the Supreme Court of India overturned the Delhi High Court’s judgment, reinstating Section 377 and criminalizing homosexuality once again. In 2018, the Supreme Court of India once again struck down Section 377, decriminalizing homosexuality and affirming the rights

Suresh Kumar Koushal vs Naz Foundation was a case that challenged the constitutional validity of Section 377 of the Indian Penal Code, which criminalized homosexual acts. In 2013, the Supreme Court of India upheld the constitutionality of Section 377, thereby reversing the landmark judgment of the Delhi High Court in the Naz Foundation case, which had declared Section 377 unconstitutional in 2009. The verdict was criticized for violating fundamental rights and perpetuating discrimination against the LGBTQ+ community. In 2018, the Supreme Court overturned the 2013 judgment and declared Section 377 unconstitutional, thereby decriminalizing homosexual acts between consenting adults.f LGBTQ+ individuals in the country.

NLSA v. Union of India was a landmark case in India that dealt with the recognition and protection of transgender rights.In 2014, the Supreme Court of India recognized transgender individuals as a third gender and directed the government to take measures to protect their rights, including access to education, healthcare, and employment.The case was Initiated by the National Legal Services Authority (NLSA), a statutory body that provides legal aid to marginalized communities, on behalf of a transgender woman who had been denied a job on the grounds of her gender identity.The judgment was hailed as a major victory for the transgender community in India and marked an important step towards recognizing and protecting their rights.

While the Puttaswamy case(2017) primarily dealt with the right to privacy, the Supreme Court of India also made an important observation regarding the recognition and protection of third gender rights. The court held that the recognition of transgender individuals as a third gender was necessary to protect their rights to life, dignity, and personal autonomy. The court noted that the non-recognition of transgender individuals as a distinct gender identity violated their constitutional rights and perpetuated discrimination against them. The observation has played a significant role in the recognition and protection of transgender rights in India, particularly in relation to access to healthcare, education, and employment opportunities.

In Shakti Vahini v. Union of India and others, (2018) wherein it has been clearly recognized that an individual’s exercise of choice in choosing a partner is a feature of dignity and, therefore, it is protected under Articles 19 and 21 of the Constitution.

Navtej Singh Johar v. Union of India(2018) was a landmark case in India that dealt with the decriminalization of homosexuality. In 2018, the Supreme Court of India struck down Section 377 of the Indian Penal Code, which criminalized homosexual acts between consenting adults. The court held that Section 377 violated the fundamental rights of LGBTQ+ individuals, including the right to privacy, dignity, and equality. The judgment was hailed as a major victory for LGBTQ+ rights in India and marked an important step towards greater acceptance and inclusion of the LGBTQ+ community in Indian society.

The Indian Government can take several steps to improve the situation of the third gender community in India. Here are some suggestions:

•Legal recognition: The government should recognize the third gender as a distinct category and provide legal recognition to them. This can be done by amending existing laws to include a third gender option for identity documents such as passports, Aadhaar cards, and voter IDs.

•Anti-discrimination laws: The government should enact laws that prohibit discrimination against the third gender community in all areas, including education, employment, housing, and healthcare. These laws should also provide for legal remedies in case of discrimination.

•Education and awareness: The government should take steps to educate the general public about the third gender community and their rights. This can be done through awareness campaigns in schools, colleges, and other public spaces.

•Healthcare: The government should ensure that the third gender community has access to healthcare facilities that are sensitive to their needs. This includes providing access to hormone therapy, gender reassignment surgery, and mental health services.

•Employment opportunities: The government should take steps to ensure that the third gender community has access to employment opportunities and is not discriminated against in the workplace. This can be done by providing vocational training and setting up job fairs specifically for the third gender community.

•Social welfare schemes: The government should introduce social welfare schemes that specifically target the third gender community. This can include schemes for education, housing, and healthcare.

•Inclusion in policy-making: The government should involve the third gender community in policy-making processes to ensure that their voices are heard and their needs are addressed.

The Indian Government can take a comprehensive approach to improve the situation of the third gender community in India by recognizing their legal rights, promoting awareness and education, providing healthcare and employment opportunities, and ensuring social inclusion.

Improving the social and legal state of the third gender community in India will require a multi-pronged approach. Here are some steps that can be taken to improve the situation of the third gender community in India:

•Social welfare schemes: The government should introduce social welfare schemes that specifically target the third gender community. This can include schemes for education, housing, and healthcare.

•Creating safe spaces: The government should work with civil society organizations to create safe spaces for the third gender community where they can feel protected and secure.

•Sensitizing law enforcement agencies: The government should conduct sensitization programs for law enforcement agencies to ensure that they are aware of the issues faced by the third gender community and are equipped to deal with them.

•Providing legal aid: The government should provide legal aid to members of the third gender community who face legal challenges due to their gender identity.

Overall, improving the social and legal state of the third gender community in India will require a sustained effort by the government and civil society, working together to ensure that the community is treated with dignity and respect and has access to the same rights and opportunities as other citizens.

Conclusion:

In conclusion, gender justice is an essential aspect of human rights, and ensuring equal opportunities and fair treatment for individuals of all genders is crucial. In India, the third gender community has been historically marginalized and excluded from mainstream society, facing numerous social, political, and economic issues. The meaning and mythological views of third gender in India demonstrate that the community has existed in Indian society for centuries, yet they continue to face discrimination and marginalization.

The social and political Issues faced by the third gender community in India are numerous, including discrimination, violence, and exclusion from education and employment opportunities. The health issues faced by the community are also significant, including a lack of access to healthcare facilities and discrimination from healthcare providers. However, the government and non-governmental organizations have taken steps to address these issues and ensure gender justice. More needs to be done to ensure gender justice for the third gender community in India. The implementation of existing policies needs to be strengthened, and further measures need to be taken to address the community’s social, political, and economic issues. It is essential to continue to raise awareness about the issues faced by the third gender community in India and advocate for their rights to ensure a just and equitable society for all.

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Author: Awanish Yadav

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