Impact Of Covid 19 On Rights Of Transgenders In India

Rashmi Pradhan, Assistant Professor, University Law College, Vinoba Bhave University & Research Scholar, Institute of Law, Invertis University

ABSTRACT

One of the most important human rights of an individual is that of recognition of one’s identity in the social, cultural, national, and global arena. The famous NALSA judgment accorded legal identity to the transgenders in India and pronounced that they are entitled to all the basic rights and fundamental freedoms guaranteed to any other individual. With the implementation of nationwide lockdown due to covid 19 both during the first and second phase the question of human rights acquired central place. But these marginalized sections have had to face lots of hardship for survival. The major source of livelihood being ‘Badhai’, begging and prostitution all came to stop still during the lockdown posing threat to their livelihood and consequently survival. The Constitution of India of India protects and promotes human rights, it ensures social justice and prohibits discrimination against any person in accessing basic necessities of quality life be it, food, shelter, clothing, education, proper health facilities, or any other social welfare, economic relief schemes announced by the Government from time to time. However, neither the government, stakeholders nor the civil society could integrate resources and these vulnerable communities could hardly be reached out to avail the benefits of social welfare schemes, disaster mitigating strategies, or even the most basic entitlements such as the right to food, the right to shelter, and adequate medical care facilities. This paper highlights the violation of the rights of transgenders, the apathy of the Government and society towards them during the covid era for the simple reason that they do not adhere to the stereotype gender behavior and identity assigned at the time of birth. The discriminatory practices, apathetic and shaming attitude, deprivation, harassment, disparagement, and violence have led to the robbing of the right to live a dignified life of these socially excluded classes. It is high time to sensitize the government as well as the people towards the human rights of the people and create more legal awareness for acceptance, inclusion, and social integration.

Keywords: Transgender, Gender Identity, Gender Role, Sexual Orientation, Identity crisis