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Trityaprakritior Third Gender

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INTRODUCTION
“We are all children of the same God, and we have to come together to solve our problems and not be fighting so much.”
-Ann Romney
Since the dawn of civilisation the world was divided into two halves-the masculine and the feminine, after which people started to live together and formed social norms. Males and females were the two sexes recognised by the larger communities and even by the great civilisation. It was in the Vedic Indian society, we find traces of third sex which was also called as TrityaPrakritior third gender.
In western society we do not find tangible instances of third sex or perhaps they do not speak openly about the third gender because unlike the Vedic society in India they believed that only two sexes exist …show more content…

Significantly, Article 14, which provides for right to equality and equal protection of laws. Under Article 15 there can be no discrimination on the basis of caste, colour, sex, religion, region, and race subject to certain exceptions. Incidentally even after more than 67 years of Independence seemingly no specific provisions had been made for the upliftment, development of transgender in India, assumably for the reason that the word “sex” still means or includes in its ambit, only male and female.
This paper discusses the post-independence development in the legal and political situation of transgender in the Indian society. A major milestone in recognition of rights of transgender was achieved in the Naz foundation Case decided by Hon’ble Delhi high Court. Finally, in the landmark judgment delivered by the Hon’ble Supreme Court in 2014, transgender have been awarded with third gender status finally bringing a new ray of hope in the lives of this oppressed section.
THE …show more content…

In this case the transgender community and the right not to be discriminated based on gender identity formed an important part of the proceeding in the case, and the text of the judgement. The extensive focus on gender identity in the Naz Foundation case has possibly to do with the centrality of the transgender community to the LGBT movement in South Asia. The two contemporary cases that do touch upon the rights of transgender persons are the Nepali Supreme Court case , cited in the Naz Foundation decision, and the recent Pakistani Supreme Court case where the Court ruled that all members of Pakistan’s hijracommunity should be registered as part of a government survey with the end goal of better integrating them into

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