IJSSER

Title: SEXUAL ORIENTATION AND THE TRANSGENDER: SEARCH FOR EQUAL DIGNITY
Authors: Pankaj Sarma
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Pankaj Sarma Assistant Professor, Kirori Mal College, University of Delhi
MLA 8 Sarma, Pankaj. "SEXUAL ORIENTATION AND THE TRANSGENDER: SEARCH FOR EQUAL DIGNITY." Int. j. of Social Science and Economic Research, vol. 4, no. 12, Dec. 2019, pp. 7503-7520, ijsser.org/more2018.php?id=573. Accessed Dec. 2019. APA 6 Sarma, P. (2019, December). SEXUAL ORIENTATION AND THE TRANSGENDER: SEARCH FOR EQUAL DIGNITY. Int. j. of Social Science and Economic Research, 4(12), 7503-7520. Retrieved from ijsser.org/more2018.php?id=573 Chicago Sarma, Pankaj. "SEXUAL ORIENTATION AND THE TRANSGENDER: SEARCH FOR EQUAL DIGNITY." Int. j. of Social Science and Economic Research 4, no. 12 (December 2019), 7503-7520. Accessed December, 2019. ijsser.org/more2018.php?id=573.
References [1]. Dimitrina Petrova, “The use of equality and anti-discrimination law in advancing LGBT rights”, in Corinne Lennox, Matthew Waites,(eds.),Human Rights, Sexual Orientation and Gender Identity in The Commonwealth, 477(University of London Press, Institute of Commonwealth Studies, 2013). [2]. Ibid. [3]. Supra note 1 at 477-478 [4]. SiddharthNarrain, “Crystallising Queer Politics - The Naz Foundation Case and its Implications for India’s Transgender Communities” 2 NUJS Law Review 456 (2009). [5]. Transgender Terminology, available at: https://hr.cornell.edu/sites/default/files/trans%20terms.pdf (Last visited on September 9, 2019). [6]. Common Transgender Definitions and Terms, available athttps://www.gsafewi.org/wp-content/uploads/Transgender-Terminology.pdf (Last visited on September 7, 2019) [7]. Common Transgender Definitions and Terms, available athttps://www.gsafewi.org/wp-content/uploads/Transgender-Terminology.pdf (Last visited on September 7, 2019) [8]. Ibid. [9]. Supra note 7 [10]. SiddharthNarrain, “Crystallising Queer Politics - The Naz Foundation Case and its Implications for India’s Transgender Communities” 2 NUJS Law Review 456 (2009). [11]. Supra note 5 [12]. Heath Fogg Davis, “Sex-Classification Policies as Transgender Discrimination: An Intersectional Critique”12Perspectives on Politics47 (2014). [13]. C-13/94, [1996] IRLR 347 [14]. CIVIL ACTION NO. 99-4613H [15]. GovindasamyAgoramoorthy, Minna J. Hsu, “Living on the Societal Edge: India's Transgender Realities”,54Journal of Religion and Health 1457 (2015). [16]. Supra note 15. [17]. (2007) 4 MLJ 849 [18]. 559 US 538 (2003)
Abstract: Gender non-conformity is always considered unconventional in our society. Being a marginalised community, the transgender in our society are subjected to various kinds of discrimination and hate crimes in their day to day lives. In an attempt to analyse the various discriminations encountered by transgender, this article focuses on the struggle faced by transgender community in seeking a respectable space in our society. The article argues that with the advent of international human rights law and the growing consciousness among the transgender, the advocacy for the protection and promotion of the basic human rights of the transgender gained its momentum. The article highlights the various steps undertaken both at national and international level for the promotion and protection of human rights of the transgender. Judicial activism has also played a crucial role in this regard. The article simultaneously interrogates the role of judicial interventions in upholding the basic human rights of the transgender community under various circumstances. Though liberal movement has brought a shift in the criteria for gender determination today, still choice of sexual orientation of an individual continues to be controversial if a person’s gender identity does not confirm to one’s sex assigned at birth. The article emphatically recommends the specific need for codified laws and policies guaranteeing both the rights and choice of the people with regard to their sexual orientation.

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