Author: Pankhuri Thukral, Student at School of Law, NMIMS, Hyderabad
Co-Author: Vanshika Kainya, Student at School of Law, NMIMS, Hyderabad
ABSTRACT
The non-accommodating character of India’s personal laws is the focus of this article, which aims to shed light on the difficulties that the country’s transgender community faces. Despite the Supreme Court’s recognition of their right to self-perceived gender identity, significant obstacles remain in putting their lives within the “equal protection of laws” promised by Article 14. Transsexuals and “The Third Gender” make up the majority of India’s transgender population, and this article examines their identities in detail. The third gender’s different identities, activities, and customs are examined in further detail in the following sections. For the majority of transgenders who are Hindu or Muslim, an investigation of the application of Hindu or Muslim marriage and adoption legislation is conducted in this study. The nature of their legal rights has also been examined in relation to secular laws in both aspects. To finish, the study offers a policy recommendation for improving personal laws using a sui generis perspective.
Keywords: Transsexuals, Gender Identity, Hindu Law, Mohammedan Law, Third Gender.
