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Who are Transgender ?

 who are transgender?



People with a gender identity that differs from their sex assigned that their birth 
  • Non-Binary, genderqueer 
  • Transwomen, Transmen
  • Cisgender
  • Cross-dresser
When Transgender recognise as a Third Gender
In 2009 the first time Election Commission decided Transgender as a third Gender fight as a third gender in an election. 
they gave special acknowledged to them if you want to go ahead acknowledge your self either as a male or as a female in society but as a third gender during an election. this was only for the purpose of election. we did not accept them as a fundamental right or basic right acknowledge them as a third gender. this issue started or basically brought of in 2012-when a petition was filed by Poojya Mata Nasib Kaur Ji Women Welfare Society and LaTransgender activist- Laxmi Narayan Tripathy along with NALSA(National Legal Service Authority Of India )case filed against Union of India case went to Supreme Court Two Judge Bench supreme court made and finally in 2014 when the Judgement came Transgender were acknowledged as a Thir
d Gender in the country it happened first-time proper recognition as the gender with all basic fundamental right. making sure not such discrimination was going with which happened previously. 

Supreme court Judgement in NALSA vs.Union of India (2014) 



  • Transgender - denoted by X
  • The supreme court recognises that fundamental right is available to the third gender in the same manner as they are to men and women.
  • Psychological Test over Biological Test 
  • Insisting on sex Reassignment surgery (SRS) illegal 
  • Healthcare facilities 
  • Public sanitation facility  with separate washrooms 
  • awareness among masses to remove the stigma attached with transgenders 
  • Reservation and socio-economic rights for the welfare of the community 
after the judgements, the legislature went ahead to enact a law. for surety of judgment so we came up:-

because in 2016 more issue was found .like there surgery, begging as an offence and criminal action taken against them.it was sent back to the Standing Committee and They gave certain recommendation and finally, we remove something. ultimately 2018 bill came and passed by the parliament and make ACT OF 2019.

The Transgender Persons ( Protection of Rights ) Act 2019 



  • Came into effect on 10th January 2020
  • 2016 bill incorporated recommendations given by standing committee in 2018
  • Introduced again in Lok Sabha in 2018 with 17 amendments' 
  • Removed criminalization of begging and issuance of a transgender certificate by a district screening committee
  • Ensured family life of transgender children safeguarding from discrimination 

Issues with 2019 Act.

What was the Issue?



  • First is Regressive and in violation of NALSA judgment 
  • No provision for reservation in educational institutions and jobs.
  • Inadequate punishment for a crime against a transgender person 
  • Transgender person to be separated from family only by the order of the court
  • Requires one to undergo sex reassignment surgery to be legally recognized as a man or women in official documents 
  • Swati Bidhan Baruah has a filled a petition in Supreme Court challenging 2019 law.

                                                                                                                                                Thank you 








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