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Nalsa Judgement
Also Known as the National Legal Service Authority Judgement which was introduced on 15th April 2014, to provide legal recognition to the Transgender community in society. It was approved under two judge benches: Justice K.S. Radhakrishnan and Justice Arjan Kumar Sikri.
Introduction of the Judgement:
This Judgement advocates the existence of the genders, which falls within the spectrum of the binary genders or people who do not wish to label their gender. Although, we are aware of the complexity of human mind and biology and the possibilities of varied expressions but the Indian court doesn’t recognize separate entities of the genders and instead, accommodates all of them under the ‘third gender’ category. The primary vision of the verdict is to acknowledge distinct identities other than the binary ones and to formally announce their liberty to sustain a proper livelihood, devoid of discrimination and violence.
Significance of the Judgment:
History undeniably portrays the position of trans individuals and through Mythology and history, we learn that distinct gender expressions were always endorsed, up until colonialism when the community was tortured and were abolished to practice their fundamental rights. And still to this day, social stigma restrains the community to exist without discrimination. In spite of the judgment stating to legally acknowledge Trans individuals, to provide them with opportunities and unbiased necessities, the law is unable to alter the slow progression of our society, which still perceives the Trans community as a disgrace, but legal recognition is extremely relevant as offence against trans people are now punishable by law and the Constitutions vows to protect their rights.
Provisions by the Judgement:
Right to equality and right to life and liberty are deserved by everyone and no one should be obligated to go through unpleasant experiences, just because their gender doesn’t align with the beliefs, we have created. Trans individuals ever since the British rule have lost their minimum autonomy. They are exposed to negligible education facilities, if they don’t have monetary support from family, they have little to no opportunities in workplaces and they face restrictions to live a social life, to associate themselves in relationships and raise a family and even their blood relatives show insignificant support towards them. All because of their gender, something which should belong to our entitlement yet it doesn’t. Numerous activists have raised their voice against this and filed countless petitions. Activists namely, Poojya Mata Nasib Kaur ji of women welfare society and Laxmi Narayan Pandit induced the movement to come in light and fortunately, their efforts weren’t overlooked. Fast forward today, NALSA judgement to uplift the Queer community exists. It states, Trans individuals should receive equal treatment like the binary genders, it also advances the expansion of opportunities for the minorities and grants them permission to participate in marriage, adoption, divorce, etc.
Overview of Non-Binary Genders:
Gender is a social construct. The way we express ourselves establishes an impression in the eyes of the public. Most individuals are comfortable with the assignment of their gender, equivalent to their sex, some do not succumb to the societal pressures, both are valid. Unfortunately, our gender occupies a large percentage of our identity as we are enforced to act according to the gender roles. Numerous of us hesitate to oppose them but a valid percentage of us fail to agree with the norms. We need to realize the distinct frameworks of humanity is a part of evolution, which comes under psychology, biology cannot always control us. This is what makes diversity and diversity is beautiful.
Conclusion:
For many of us, it changes nothing as education still prohibits to promote gender and sexuality awareness and the common mass views this whole concept as obscene as a matter which shouldn’t reach ears. As Law suggests, we can definitely be regarded as a part of humanity officially but despite the existence of the verdict, Trans community is worthy of inclusion and shouldn’t be deprived of validation.
