Beyond Male And Female, The Right To Humanity - UPSC Current Affairs

Here’s our today’s edition of Current Affairs Dialog box wherein we will discuss Beyond Male And Female, The Right To Humanity in detail.

Navigate through the article to get useful insights on the topic and enhance your UPSC CSE preparation.

For Prelims: NALSA Judgment

For Mains: Issues Related to Transgenders, Institutions and Bodies constituted for the protection and betterment of vulnerable sections

Context

• Recently, a young transgender pilot was barred from flying on the grounds that he is unfit as he is on hormone therapy. 
• In this context NALSA judgment becomes important which recognised third gender persons as entitled to fundamental rights under the Constitution.

Probable Question

What is the significance of the NALSA vs Union of India judgment by the Supreme Court? Do you think it is being followed in true letter and spirit?

About NALSA Judgment

• Landmark National Legal Services Authority (NALSA) vs The Union of India judgment, 2014, recognised third gender persons as entitled to fundamental rights under the Constitution. 

Observations of the Court 

• The Court held that non-recognition of gender identity violates the rights to equality and life.
• The transgendered persons should not be compelled to declare themselves as either male or female. 
• It recognises the human rights of sexual minorities, and which were adopted to counter discrimination on the basis of gender identity and sexual orientation. 
• The judges accepted the broad definition of transgender as including persons whose gender identity, gender expression or behaviour did not conform to their biological sex.
• They accepted a vast array of identities and experiences that constitute the category of transgendered persons, culturally and socially. 
• Gay, lesbian, bisexuals are included in the description ‘transgender’” and that it was an umbrella term. 
• The Court further held that sex discrimination in Indian constitutional law includes discrimination on the grounds of gender identity and rejected the view that it was limited to biological sex. 
• The Court has clearly articulated that transgendered person should no longer be treated with cruelty, pity or charity. 

Sex Discrimination

• The lack of recognition of gender identity of LGBTQ curtails access to education and results in discrimination in the exercise of their right to vote and secure employment.
• A binary understanding of gender denied hijras and transgendered persons equal protection of law and constituted the basis for widespread discrimination. 
• There needs to be a paradigm shift towards a rights-based approach where they are accepted as fully human. 

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Significance of the Judgment 

• The NALSA judgment affirms that there is no place in the Constitution for a hierarchy of super-humans, lesser humans and non-humans.
• It is a courageous decision that embeds the rights of transgendered persons primarily within the right to equality in the Indian Constitution. 
• It is a more dynamic decision than the Delhi High Court ruling regarding Section 377. 
• Many rights attached to sexual recognition as ‘third gender’ would be available to this community viz.
  • The right to vote
  • The right to own property
  • The right to marry
  • The right to claim a formal identity through a passport and a ration card
  • A driver’s license
  • The right to education, Employment and Health 

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