Saveetha School of Law, Saveetha University, Chennai
The terms third gender and third sex describe individuals who are broadly categorised as neither man nor women as well as the social category present in those societies who recognize three of more genders. Transgender, in our society, encompass all races, ethnicity, religious and social classes, yet, they’ve never enjoyed a respectable life, because of “what they are” and “how they are”. My paper primarily focuses on the violation of rights of transgender where they are disowned by their families in their childhood, ridiculed and abused by everyone, an analysis is drawn by tracing back the abominable state of the transgender from their inception and the violation that they face from the colonial era which serves as a reminder of how helpless and neglected this section of society is. Lack of transparency of police administration in dealing with the hijras and failure to furnish information relating to procedure and penalties used in detaining them. Inability to address these failures leads to the authorities resorting to third degree treatment of harassment which leads to the violation of their right to life which is inherent as much as the right of expression of sexuality which forms the facet of right to life.
Therefore even after the wake of the judgement recognizing the rights of transgenders directing the state and the central government to recognise the rights of the hijras, widespread abuses which includes the false cases fostered upon them leads to the violation of their personal rights. It must be noted that third gender rights is not adequately provided for, though their existence is evident in our country. Thus, there should be a special legal protection against this form of discrimination inflicted by both state and civil society which is akin to the offence of practicing untouchability.