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Legislation discrimination against transgenders
Legislation discrimination against transgenders
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Transgender in India: Are the times really changing?
While most societies only acknowledge two categories of gender—man and woman—numerous cultures identify other genders too, and certain persons may identify as neither male nor female. The term “Transgender” is an all-encompassing term for individuals whose gender identity, gender expression or behavior does not match their biological sex assigned to them at birth. It also includes individuals who do not identify themselves as neither male nor female; a ‘third’ gender.
The concept of a third gender or tritiya prakriti / napunsaka has had a substantial historic presence in India, the proof of which can be seen in Hindu Mythology and Vedic and puranic literature. There is a mention of the
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The absence of laws in India giving legal recognition the Transgender Community didn’t only subject them to inequality and discrimination, but also deprived them of their status as a legal person. Since recognition by the law as a “Legal Person” is the inception of rights and duties, it is imperative for this community to get legal recognition of their gender in order to freely enjoy their rights and liberties as a citizen of India.
The judgment of the Apex Court in the case of National Legal Services Authority v. Union of India and Others has attempted to affirm the transgender community their fundamental rights given in Part III of the Indian Constitution. The Court upheld the right of Hijras/Eunuchs who comes under the category of ‘Transgender Community’ to self-identify their gender and observed that the government must grant legal recognition of a ‘third gender’ even in the absence of any existing statutory regime. “Recognition of transgender as a third gender is not a social or medical issue but a human rights issue,” Justice K.S. Radhakrishnan told the Hon’ble Supreme Court while handing down the ruling. Various directions were issued by the Court to the Central and the State governments, ranging from granting legal recognition to persons’
What does it mean to be classified as “transgender?” When an individual feels his or her biological gender does not match his or her gender identity, he or she may be considered transgender. This feeling of confusion may lead to frustration as well as more complicated issues related to mental health like depression. Some individuals may make the decision to medically change their biological gender to match their gender identity. One such individual, Caitlyn Jenner, made this transition and prompted additional discussion and promoted acceptance of transgender individuals.
For instance, sociologists would argue that characteristics of the male gender in a given society include independence, and dominance whereas females express more passive behavior. Gender identity, on the other hand is an individual’s sense of their gender or in other words, their sense as to whether they are feminine or masculine. Therefore, transgender is a term related to “people whose gender identity is different from the gender commonly socially assigned to them on the basis of their biological sex” (Morrow & Messinger, 2006, p. 7).“Biological theories assume that gender should be consistent with biological sex and there are only two genders and two sexes” which does not correspond to transgender people. Furthermore, transgender is also used as a general term to include people such as transsexuals and cross-dressers
Even though gender nonconformity has been prevalent since the early 1700’s with indigenous North Americans identify as “two spirited”, as unified nations we have not had any laws protecting the transgender and non binary community until the last 10 years. Stotzer talks about a
Imagine going through life believing that you were born into the wrong body. This is how a transgender feels as they go through life. A transgender is a person who whose self-identity does not conform unambiguously to male or female sex. This topic is very controversial due to many arguments about the differences between the male and female physique. The natural biological differences between males and a females play a huge role in this controversy.
Transgender is defined by Wikipedia as, “the state of one's gender identity (self-identification as woman, man, neither or both) or gender expression not matching one's assigned sex.” The article explains how a transgender individual may define themselves as having the characteristics that are normally associated with a particular gender but will choose to identify elsewhere on the gender continuum. It use’s the love story of Rhys Ernst and Zackary Drucker as an example. It took five years for Zackary to transition from male to female and Rhys from female to male. But both truly believe that they were born the wrong gender, and choose to correct this wrong with hormone treatments, surgery and personality changes that to the more tradition eye may seem absurd and abnormal. This is one of the main reason such transgender couples are talking about their transformations. To beach this gap between transgender’s and the rest of the population. It is believed that by educating society, we are more likely to accept something than if we do not fully understand the parameters that surround such an issue.
Transgendered people in America have made many great strides since the 1990s. They have encountered violence, lack of health care, and the loss of homes, jobs, family and friends. There have been many phases of the struggle of being transgendered in America over the years. The current phase we must be in now is equal rights. There are many variations of discrimination against the transgendered community. In our society we simply do not like what we do not understand. It is easier to discriminate than to try and understand. We are all created different and we should appreciate our differences. The change must come by addressing the views of the public. There is much justification in the unequal rights of transgendered peoples. The Human Rights Campaign has been started to achieve equal rights for all Americans including the LGBQ community. A serious injustice is in the world of sports. Professional sports are one of societies major traditions totally based on rules and regulations that are meant to preserve the integrality of the games, but may not be inclusive to all its players.
Transgender is an umbrella term, meaning an individual’s gender-identity does not align with their assigned sex at birth. Although transgender is a protected class in eighteen states, these individuals still face discrimination within the country and around the world (“Non-Discrimination Laws”). Transgender is not a lifestyle, no one chooses to live their life constantly being discriminated against. Transgender issues should be more educated on and their lives should be more protected. The most common issue transgender individuals face every day is bathroom use.
“The federal government and almost every state recognize transgender people’s right to change their name and to have identification documents with the gender marker that matches their gender identity.” (Jami Kathleen Taylor, 2007) There are a lot of misconceptions on what the meaning of transgender is, some think that they only become the person whether it is male to female, or female to male after surgery. What people fail to realize is that every transgender person transitions in their own way.
When an individual identifies themselves as transgender, it means that they feel that their biological gender does not match with their psychological gender. To put that into a simple man’s term, the individual feels they “were born in the wrong body”. For example, a man feels that he was meant to be born a woman and vise-versa. It does sound rather unusual, but why should that matter? An individual should be able to make his or her own decisions about how they live their life. Unfortunately though, not everyone feels the same way about this. That is how the controversy is created. This is why transgender rights should be strengthened in America not only because it is morally correct, but also because it would ease the lives of the people within this group, reduce the discrimination and harassment rates of transgender individuals, and help establish awareness.
Transsexuals, defined simply is a person who from the very core of there being feels like they are in the wrong orientation and transgenderism is that state of being when one's gender doesn't match those feelings. In the case of transgender children they usually feel like god made a mistake and in some case scenarios boys particularly try to alleviate the situation themsel...
Gender is seen as a spectrum, and one can fall anywhere on this spectrum. Again, according to Sam Killerman, being transgendered means living "as a member of a gender other than that expected based on sex assigned at birth." Just because a person is born with male genitalia does not mean they have to be male.
Clinically speaking, a person who was assigned female at birth but identifies and lives as a man is referred to as a transsexual man, or transman, or female-to-male (FTM); a male-to-female (MTF) person is a transsexual woman or transwoman (Glicksman). Some people drop the transgender label after they have transitioned to their new gender. However, they want to be referred to only as a man or a woman. But what if our gender identity, our sense of being a boy or being a girl, does not match our physical body? From a very early age we will start to feel increasingly uncomfortable. For some this is a mild discomfort, for others it is so traumatic they would rather die than continue to live in the wrong body. Unfortunately as transsexual people are a small minority of the population the condition has been labeled by Psychiatrists as "Gender Identity Disorder". With the transgendered, the disordered assumption is that the
Currently the citizens living in the United States are imprisoned within the binary of two genders. It is only acceptable for a person to identify as a male or a female. Depending on the gender the person identifies, as there is an expectation of how that person should look and act. The person identifying as the specific gender, must maintain the gender norms that are in place. These gender binaries are so prevalent in our lives; it is to the point where a large group of Americans are being overlooked. This group of Americans identifies as transgender, which means they do not fit society’s expectations of how a specific gender should look and behave. (gaycenter.org, 2012). The trans population does not fit the expected gender molds that are
Within the recent years, the transgender movement has become more apparent than ever. With television shows like “RuPaul’s Drag Race”, “Keeping It Up With Cait” and “I Am Jazz”, the voices of transgender people are more public than ever. Celebrities like Caitlyn Jenner and Laverene Cox are changing the face of the movement by showing people that it is never too late to be their true selves. American laws are acknowledging the rights of transgender people, but not in a positive way. These are just people trying to be their best selves. Transgender people deserve to have all the rights that a non transgender person has.
In North America, LGBT rights are often discussed through institutions, social media, and organizations supporting such cases. However, one can notice that leaving this North American mindset results are dramatically different in attitudes towards LBGT issues. This literature review will be centering on LGBT rights in India, and will focus upon the Supreme Court decision that upheld Section 377 of the Indian Constitution and repealed the Delhi High Court’s ruling. This research paper will additionally investigate the exact timeline of each decision by highlighting the history of Section 377 of the Penal Code of India, the ruling of the Delhi High Court in 2009 and finally what the Supreme Court’s ruling was in December of 2013. Moreover, it will focus and discuss the discourse behind why the Supreme Court reinstated criminalizing gay sex in the country. Lastly, this research paper will offer a critical perspective by addressing a possible solution in order to gain awareness and take a stand against the Supreme Court for reinstating criminalization of gay sex in the country.