Legal Status of Third Gender in India with Special Reference to Kanpur Division

Authors

DOI:

https://doi.org/10.53724/jmsg/v6n3.10%20

Keywords:

transgender, homosexual, heterosexual, sexual orientation, sexual third gender, sexual minority

Abstract

Liberty, equality, and fraternity, which have been provided by the Constitution to the people of India, are the main goals of social, economic, and political justice. The main purpose of 'justice' is to establish harmony between individual interests and social interests.1 Despite this, there is a section of society that was forced to be deprived of the right to equality due to its unclear gender and sexual identity, but on 15 April The “NALSA Verdict” given by the Supreme Court in 2014 was a landmark judgment for the status of the third gender community and for giving them a clear identity. All the fundamental rights given under the Indian Constitution apply equally to the third gender and provides a clear identity to the third gender community. Through this research paper, along with the legal status of the third gender, the social status has to be observed.

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References

Dr. Jai Narayan Pandey, Constitution of India, 50th Edition: 2017, Page No. 38, Publisher Central Law Agency.

Ed. Dr. Vijendra Pratap Singh, Ravi Kumar Gond, Third gender discourse in Indian literature and society, page 45.

Honorable Justice Mr. S.P. Khare: www.laywerservices.in/kamala-alies-kamala-Jaane-alies-Hijrah-versus-Sadiq-Ali-2003-02-03, Madhya Pradesh High Court Feb 3, 2003,

Chief Justice Ajit Prakash Shah, S Muralidhar: https://en.wikipedia.org/wiki/Naz-Foundation-v_Govt._of_NCT_of_DelhiHighCourt, 2 July 2009.

G.S. Singhvi, Subhansu Jyoti Mukhopadhaya: https://Indiankanoon.org/doc/587309261 Suresh Kumar Koushal & Anr V/s Naz foundation & ors citation 11 December 2013.

Supreme Court of India Judges KS Radhakrishnan & A.K. Sikri: https://translaw.clpr.org.in/case-law/nalsa-third-gender-identity, Citation AIR 2014 SC 1863.

https://en.wikipedia.org/wiki/Right-to-Privacy-verdict K.S Putuswami (Retd.) And Anr. vs Union of India And Ors Writ Petition (Civil) No 494 of 2012 : (2017) 10 Scc 1; AIR 2017 SC 4161

https://privacylibrary.ccgnlud.org/case/navtej_singh_johar_and_ors_vs_uion_of_India_voi_and_ors_vs_Union_of_ India_Voi_and_ors. AIR 2018 SC 4321 (2018) 10 SCCI.

Published

30-01-2021

How to Cite

Dr. Ganesh Dubey, & Priya Jain. (2021). Legal Status of Third Gender in India with Special Reference to Kanpur Division. Jai Maa Saraswati Gyandayini An International Multidisciplinary E-Journal, 6(III), 52–56. https://doi.org/10.53724/jmsg/v6n3.10

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