The Social Recognition of Third Gender Community in India: Legality for Adoption and Marriage

Abstract

The constitution embodies a commitment to shaping our destiny, with its preamble dedicated to safeguarding fundamental rights. This dedication is aimed at ensuring justice across all societal aspects and protecting essential duties. However, despite these noble intentions, the realization of such promises, especially in the context of India's independence, has been challenging. The aspirations for dignity, integrity, equality, and dynamic policy-making have often not been reflected in practical implementation at the grassroots level.

Among various rights and obligations, the recognition of transgender individuals has been notably absent. Despite national and international protections, the transgender community continues to face neglect and segregation worldwide. This oversight reflects a broader issue with the protection of minority rights and the need for effective remedies and initiatives for their welfare.

This research seeks to acknowledge the rights afforded to transgender individuals and to identify the various terminologies used, highlighting legal provisions that have gone unnoticed by different government levels. It aims to address the self-identified reasons behind certain abnormalities, the challenges in applying equal treatment and protection under the law, and the enforcement of relevant legislation. By promoting fair and impartial treatment for all, we can enhance the legal system, foster secularism through legislative measures, and eliminate barriers to preventing rights violations.

Addressing the significant challenges faced by the transgender population requires establishing and following a unique approach that recognizes and respects their rights and contributions to society.