Transgender’s identify themselves with a different sex than the one they had acquired by birth. Initially, in India recognised only male and female, however, in the landmark judgment of the supreme court in the case of National Legal Services Authority Vs. Union of India, transgenders were recognised as the third gender.
Rights of transgenders are protected by the constitution as fundamental rights in the following Articles:
- Article 14 (Right to Equality)
- Article 15 (Prohibition of discrimination based on religion, caste, race, creed, sex or place of birth)
- Article 21 (Right to life and personal liberty)
- Article 23 (right against trafficking and forced labour).
There are also no laws under the personal laws for transgenders which deal with the inheritance of property and adoption of a child.
Initially, LGBT people were banned from serving in the Indian Armed Services, however, as of December 2018 by way of introduction of a bill to amend the Army Act,1950, The Air Force Act, 1950 and the Navy Act, 1957 a proposal to allow LGBT people was put forth before the Parliament.
In the American College in Madurai, a book for GenderQueer & Intersex Human Rights studies called “Maraikapatta Pakkangal’ has been introduced as a part of the curriculum in 2018. The Transgender Persons (Protection of Rights) Bill, 2016 has been introduced in the parliament awaiting for approval.