THE SILENT SCREAMS OF VOICELESS- ‘THE HIJRAS’

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  • Reena Roy N Assistant Professor, Government Law College, Chengalpet, Tamil Nadu, India Author

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DOI:

https://doi.org/10.55662/IJLDAI.2022.8604

Keywords:

Hijras, Transgender, Transpeople, Transsexuals, Third Gender, Identity, Discrimination, Rights, Protection

Abstract

Every human life regard it has its own domain to exist on this world and at the same time their dominance turns to be as a vulnerability for other lives too. One such being the transgender community. The gender is an inclusive term which also include the ‘hijras’ or ‘transgender.’ Sex, whether only assigned by birth or of one’s own choices. Humanity comes into life only when a human look upon other human with respect and dignity. The fact that the pace of our travel has withered out the empathy and sympathy. There is no time for human lives to look by our side, as to who is the fellow human travelling with a compassionate look on them. If such humanity is found to be withering out then often the saviour is ‘law.’ Despite law taking several initiatives still life with dignity is many a times a day dream for transgender community.

This paper analyzes about the different terminologies use to refer the transgender people. Also, the landmark judgment recognized them as ‘third gender.’ The trauma undergoing by the transgender persons by falling victims of discrimination. A race to trace the reasons why the community faces vulnerability and unnoticeability. The various provisions of ‘The Transgender Persons (Protection of Rights) Act, 2019’ and figured out the misses and flaws of the said Act. Furthermore the paper analyze on the nuances of the Act being real or still holds to be a day dream brought to reality only in the statute book.

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References

i Rabindranath Tagore Gitanjali – Song offerings, Number 45.

ii “India recognizes transgender people as third gender”- The Guardian 15 April 2014

iii “Among thirty of my informants, only one to have been born intersexed”-Nanda 1991.

iv https://www.vox.com/2014/4/16/5618610/hijras-ruling

v

‘Law of Extra-Marital and Live-in relations with Surrogacy and Transgenders’, Ayesha Gupa-2022 pg98

vihttps://www.indjsp.org/article.asp?issn=0971-

9962;year=2018;volume=34;issue=1;spage=79;epage=85;aulast=Ma

vii ‘Gender Justice’, Prof. (Dr). Nirmal Kanti Chakrabarti and Prof. (Dr).Mrs. Shanthi Chakrabarty- 2018, pg.

463,464

viii http://indianmentalhealth.com/pdf/2018/vol5-issue3/Original_research_article_81-87.pdf

ixhttp://www.academia.edu/8833934/CONSTITUTUIONAL_AND_LEGAL_STATUS_OF_TRANSGENDERS

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x

“The Social Construction of Difference and Inequality, Race, Class, Gender and Sexuality”, Edited by

Tracy.E.Ore: pg 115 (2000 edition) DOI: https://doi.org/10.1515/9783110950434.115

xi http://www.nytimes.com/2018/02/17/style/India-third-gender-hijras-transgender.html

xii Navtej Singh Johar and others VS Union of India

xiii ‘Contemporary Sociology’-An introduction to concepts and Theories, M.Francis Abraham-2018, pg166,167

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Published

02-11-2022

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How to Cite

Reena Roy N. “THE SILENT SCREAMS OF VOICELESS- ‘THE HIJRAS’”. International Journal of Legal Developments & Allied Issues, vol. 8, no. 6, Nov. 2022, pp. 58-65, https://doi.org/10.55662/IJLDAI.2022.8604.

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