Open Access
Sadiya Naqvi
Madhav Krishna
- Student ICFAI University Dehradun Uttar Pradesh India
- Student ICFAI University Dehradun Uttar Pradesh India
Abstract
LGBT minority people who generally have dissimilar sexual adaptation, the consequence of the same leads to face discrimination in the family and society. But primarily they must be treated as humans and therefore they grant all human rights as well as fundamental rights in India. So, it is the time for the Legislature, Executive, Judiciary and Society at large that the community cannot be discriminated or treated like an Alien. The main objective of the research paper is to bring a new mindset to treat them normally and accept them as third gender people otherwise human beings will carry on with to suffer non- human manipulation and exploitation just because nature has sustained them with the third gender. The issues, conditions, problems or barriers which lead to being treated unwanted in the society, as their presence are socially unacceptable. Researchers tried to emphasize why Human beings are not treated like humans. This topic is very common to be in contemporary legal issues, but the objective of every researcher or speaker who speak out for transgender rights will be fulfilled only when all the legal remedies will be available to the LGBT community, the aim of this research work is only to stood for Trans rights, fight against un equality and unfairness. In the Research paper, the researchers have tried to mention and explain the Topics concerned with the LGBT community in respect to history, problems faced by them, lack of social acceptance is a major issue among the Transgender community, constitutional rights, the constitutional validity of sec 377, landmark judgements of the Supreme Court of India concerning for to Transgender’s rights, a brief discussion on Transgender protection Act, 2019, lack of gender-neutral laws with leading case laws, the researchers also tried to give effect on the topic LGBT rights are human rights. Throughout the Research, dealing with all the issues, challenges faced by the LGBT community, in the end, it concludes that now it’s high time to treat them equal like another gender therefore today there is a need to protect their human as well as fundamental rights.
Keywords: Transgender Rights, British Government Sexual Orientation, Sex, Human Rights as Trans Rights
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National Journal of Criminal Law
| Volume | |
| Received | January 30, 2022 |
| Accepted | April 12, 2022 |
| Published | January 12, 2023 |