Author: Sujan Pramanik
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Abstract: The recognition and protection of human rights are fundamental principles preserved in the Indian Constitution. Among the diverse population of India, individuals who identify as the third gender have long been marginalized and discriminated against. However, through constitutional provisions, legislative developments, landmark judgments, and state initiatives, efforts have been made to uphold the human rights of the third gender community. This article explores the human rights of the third gender under the Indian Constitution, focusing on key aspects such as the right to equality, right to self-identification, right to nondiscrimination, and right to dignity. Furthermore, this article discusses landmark judgments such as NALSA vs. Union of India (2014), which recognized transgender individuals as a third gender and affirmed their fundamental rights. It also examines legislative developments, including the Transgender Persons (Protection of Rights) Act, 2019, and state initiatives aimed at supporting the rights of third gender individuals.
Keywords: Third Gender, Human Rights, Indian Constitution, Equality, Self-Identification, NonDiscrimination, Dignity, Landmark Judgments.