BRINGING DOWN THE WALL: TRANSGENDER RIGHTS IN INDIA FROM A LEGAL PERSPECTIVE [PART 2]

MADHUR JHAVAR AND HARDIK GAUTAM 

INSTITUTE OF LAW, NIRMA UNIVERSITY, AHMEDABAD (GUJARAT) 

 (First Published on Volume 01 Issue 02, July 2016) 

 Read similar articles here

 [CONTINUED FROM PART 1] 

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HISTORICAL BACKGROUND AND SOCIAL EXCLUSION OF THE TRANSGENDER 

In the ancient religious and other Hindu mythological texts, the transsexual evidences have been witnessed in many incidences of Ardhanarishwara, Ramayana, Mahabharata¹ and also their position was much stronger in Mughal era where they guarded the ladies and the children and were in fact respected. The existence of Transgender community ‘third gender’ is witnessed from more than 4,000 years with the ancient myth that they have the special power to bring luck and fertility.²

BRINGING DOWN THE WALL: TRANSGENDER RIGHTS IN INDIA FROM A LEGAL PERSPECTIVE [PART 1]

MADHUR JHAVAR AND HARDIK GAUTAM 

INSTITUTE OF LAW, NIRMA UNIVERSITY, AHMEDABAD (GUJARAT) 

(First Published on Volume 01 Issue 02, July 2016) 

Read similar articles here 

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ABSTRACT 

India is a democratic country giving utmost priority to the rights of people, not differentiating on the basis of their gender while framing laws, giving emphasis to the rights of the suppressed class is wholly a different matter and out of the scope of the paper. Now when we raise a question what genders are to be considered? For answering this sort of question one must know what a transgender is?