Social and Legal approach towards Transgender Community

Transgender people have existed in every culture, race, and class since the story of human life has been recorded. The transgender community faces considerable stigma which is mentally ill, socially deviant and sexually predatory. While these views have faded in recent years for lesbians and gay men, transgender people are still a subject of mockery in society . This stigma plays out in a variety of contexts. Transgender people are all around the world. Most trans people around the world are closeted due to endemic discrimination. Around the world there are different cultures and different types of gender identity which are difficult to compare to each other. In India there are a lots of socio – cultural groups of transgender people like hijras/ kinnars, and other transgender identities like – shiv-shaktis, jogtas, jogappas, Aradhis, Sakhi, etc. However, these socio-cultural groups are not the only transgender people, but there may be those who do not belong to any of the groups but are transgender persons individually.The paper explores the violation of legal as well as basic rights of transgender people. It traces about the gross violation of the basic rights of transgender, such as right to freedom of speech and expression, right to peaceful assembly, right to move freely etc. The paper argues for protection of the rights of transgender people. Although transgender people are increasingly gaining legislative protections, laws can't always protect them from the social stigma and the risks they face. Preamble to the Constitution of India mandates Justice - social, economic, and political equality of status. The Constitution of India provides for the fundamental right to equality, and tolerates no discrimination on the grounds of sex, caste, creed or religion. The Constitution also guarantees political rights and other benefits to every citizen. But the third community (transgender) continues to be ostracized. The Constitution affirms equality in all spheres but the question is whether it is being applied.