The framers of the Indian Constitution, while formulating it, envisaged that future India would nurture such a society where there would be no discrimination on the basis of caste, religion, color, sex, region etc. They envisaged the future of India as a country where there are no caste, religious, gender, regional etc. based inequalities and egalitarian society is established. To say that the Indian constitution claims to provide equal opportunity and rights to every citizen. But in the context of Transgender, this does not seem to be reality.

Transgender have been integral part of Indian history. Transgender have been mentioned in Indian mythology, myths, Ramayana, Mahabharata etc. Who does not know the story of Shakuni in Mahabharata? It is also well known fact about Arjuna that he had to lose his masculinity for some time due to the curse of a woman. The mention of Transgender also occurs frequently in medieval history. Especially in Mughal history it is mentioned that the Transgender were used to serve the Begums of Mughal emperors.

But as far as equal rights of Transgender are concerned, there is no such mention in Modern Indian history, till recent past. Even after attaining independence, there was no significant improvement in the condition and working situation of Transgender .

It is a matter of the recent past decades that if a Transgender baby was born in a family, then his family members could not keep him/her in their house even if they wanted to so. After all, what is the fault of the baby for being born as a Transgender? But due to social unacceptability, Transgender baby had to abandon his parents' house. Since they were not provided with the means of education and employment, they were forced to live their lives by doing the job of sex worker, begging, dancing etc.

It is well known fact that cinema is reflection of Society. Cinema reflects what happens in Society. In Indian context also same is true. If one observe display of Transgender in Indian Cinema , their role is majorly limited to act as dancer, beggar and Sex Worker. Who can forget portrayal of Transgender in Indian movie like Sadak , Amar, Akbar Anthony  etc. At the cost of repetition , it is asserted that even in Indian Movie, role of Transgender are Limited to the extent of portrayal of negative characters , which further casts light on their deteriorating condition in Indian Society.

However, in the last few years, there have been some judgments by the honorable Indian courts that have increased their social acceptance. But the credit goes to some social service organizations who fought in the interest of Transgender.

In the year 2014, Honorable Supreme Court of India has delivered a Judgment titled as:
National Legal Services Authority vs. Union of India observed that a transgender is different and distinct from Male or Female and they were referred as as the ‘Third Gender’.

Prior to this, if someone applied for a job, only the woman or man would come in place of the applicant's gender. Now at third option is also found at the place of Applicant's sex, where Other is written. This has been inserted keeping in mind the interest of Transgender. This result in fair treatment to transgender at working place, restoring their dignity.

This is an important decision given in favour of Transgender. Changing times has also witnessed various other developments. Now we hear many news through News Paper and Television Channels that Transgender are fighting for election. Even at the municipal levels , Transgender are also elected. It's good sign for their future.

This year, another decision came from the Honorable Kerala High Court, through which a female Transgender was allowed to Join N. C.C. It was case, where a female Transgender applied to Join N.C.C.. But N.C.C. refused to do.so by citing their own rules and regulations that only Male and Female are eligible to apply for joining N.C.C. and not the transgender. Thus in situation , the female Transgender was left with no other option , but to approach Honorable Kerala High Court, where she was allowed to Join N.C.C. This Judgment is also an important decision taken in favour of social acceptance of Transgender.

Recently, another Petition has been filed in the Hon'ble Supreme Court of India demanding the Transgender right to donate blood . The Honorable Supreme Court of India has issued notice on this Petition recently this year. It is expected that similar more important decisions will come from the Honorable Courts rendering more social acceptability of Transgender in Indian Society.

In the year 2015, WHO has issues a guideline, which is meant to be applied throughout world, off course in India also. As per this guideline, no medical or other wise any discrimination is to be done to the Transgender. Though this guidelines have come in the year 2015, but yet to find full force in India.

Though Section 377 of IPC is not directly related to Transgender, however it has been used as tool to harass a Transgender , in the name of Law. The Judgment which came from Honorable High Court of Delhi, has further given liberal interpretation of Section 377 of IPC and made life of Transgender more comfortable.

In the year 2019, The Transgender Persons (Protection of Rights) Bill, 2019 was introduced in Lok Sabha, which protects the transgender from any kind of discrimination. However as per this bill, a transgender can avail benefit only when a transgender is recognized as transgender on the basis of certificate issued by District Magistrate. This bill also criminalizes begging. Actually no one opt for begging out of his/her own choice. Instead to passing such impractical law, the Government should come forward with more practical measure to improve their condition.

For the sake of name, Government of India has been taking steps to improve their condition. However actual welfare has been done by the Indian Judiciary by rendering various useful Judgments. Although there have been some decisions by the Honorable High Court and the Supreme Court which can be said that the eunuchs are in their favor, but are they being accepted in the society in the same way as other citizens?

The reality is that Transgender are still begging at traffic red lights. There is still no improvement in their education. The means of employment are still not available for them. Still, on the occasion of marriage, marriage etc., Transgender have to earn their livelihood by singing and dancing. Transgender still have to approach the honorable courts again and again to fight for their honor and opportunity. Political parties have been making reservations for protecting their vote bank.

Then why is there no provision for any reservation for these Transgender? Is welfare schemes and reservations are meant for only those , who are beneficial to political interest. Is Political interest is the only guiding factors for welfare schemes or Indian Constitution has some role in it?

Are they not as good citizens of India as others are? Is there no accountability of the Indian Government towards them? Is it not the job of the Indian Political system to provide equal opportunities of education and employment to Transgender ? Or is there not any other way left for the Transgender , but to go for honorable courts again again in order to fight for social acceptance? What then remains the justification for the provision of the right to equality as enshrined in the Indian Constitution?

Written By: Ajay Amitabh Suman