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N.K.Assumi (Advocate)     03 March 2009

Equality of s*x in the constitution include transgender?

Does the word Sex in the Constitution also include transgender or hijra? or should we raed down the word s*x confining to male and female only? Does transgender enjoy all the rights in the Constitution?



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 8 Replies

Manish Singh (Advocate)     04 March 2009

sir, unedr the constiution the word must be read including transgender.

N.K.Assumi (Advocate)     04 March 2009

If that is so, why should the transgender be discriminated both in criminal and civila matters. The Nation knows the sad epispde of Kamala Jaan the Mayor of the Municipal Corporation of Kanti:, and also the Criminal Tribes  Act of 1871. So where is that value of equality of s*xes? India is a country where the law says somwthing and acts contarary to the Act, and we proclaim ourselves to be Democratic State with Equality as the signature tune of the Constitution.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     05 March 2009

I do agree with the views of my ld. friends.

Manish Singh (Advocate)     07 March 2009

sir , good question. pease give me some time to work on it.

bhanu pratap720 (Student)     01 November 2009

i am not too sure about the interpretation but how about referring to the word person under article 14 and ar 21 that would cover all "persons" whether natural or artificial. i think that  a eunuch is basically a male only but born with s*xual organs of both the s*xes that makes it a case of harmophrodite.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     12 January 2010

thanks mr assumi for raising this question. waiting to see the explanation of adv m. singh.

 

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     13 January 2010

"Does the word Sex in the Constitution also include transgender or hijra?"

Yes, ofcourse. They are citizen of India. They have every right like other citizens.

IT IS WRONG TO SAY THAT THEY ARE PERSON IN BETWEEN MALE AND FEMALE.

They donot have the s*x organ. But their malehood and femalehood can clearly be seen by a close observation. therefore it is wrong to say that they are trancegrace;In fact, in reality, - They are s*xually handicapped and a disabled person for the purpose of s*xual intercourse.

Election commission recently declare them as a trangrace person. Perhaps it was a wrong step for a good reason.

Since begining of early society, people  behaved with them in a different manner on the ground of s*xual disability. they were thrown out from the main strem of the society. even a few days back we found that a physically challenged person, also got ill treatment from the other people. " kana, khora, lungra,' - all these are indication of it.  However people of now a days are more considerable and the view of the common public changing rapidly. Therefore treatment is also changing. look, now sit at bus, train are reserved for physically chalenged persons. Therefore views,towords the so called 'hizra's are also changed. Now they are more associated with the main strem of the society. Now they should be recogonised as 's*xually challanged person' , they should have a right to marry. There other rights are already accepted by the society.


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