Human Rights of the Third Gender in India

Human Rights of the Third Gender in India

Author: Lopamudra Sengupta

Publisher: Taylor & Francis

Published: 2023-03-02

Total Pages: 150

ISBN-13: 0429534086

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This book engages with the discourses on human rights as they apply to the transgender or the hijra community in India, capturing not only their larger struggle for legal rights and dignity but also their personal hardships. It situates the issues and concerns of the Indian transgender community within a global context to explore the extent of social justice in independent India. By narrating stories of individuals, local movements and activities of groups like the Association of Transgender/Hijra in Bengal (ATHB) and others, the book gives context to the changes that globalisation has brought to the narrative around transgenders in India. This shift has challenged their marginalisation and has led to stories, films and queer individuals like Chapal Bhaduri – the jatra rani – and the iconic filmmaker Rituparno Ghosh to flourish and become relevant. This book brings these literatures and personal stories to the fore, allowing readers to perceive the changes and the challenges that Indian society faces when it comes to ensuring the rights for transgender people. This volume will be of interest to scholars of gender studies, queer studies, literature and social work along with readers who want to engage with the transgender movement and community in India.


TRANSGENDER WELFARE AND SOCIETY

TRANSGENDER WELFARE AND SOCIETY

Author: E. JAYANTHY

Publisher: MJP Publisher

Published: 2019-06-04

Total Pages: 174

ISBN-13:

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1. Introduction, 2. Transgenders as Depicted in Hindu Mythology and in Tamil Literature, 3. Intersex and Androgen Insensitivity Syndrome, 4. Transgenders - Physiological Parameters, 5. Transgenders - Psychological Parameters, 6. Role of Tamil Community in the Development of Thirunangai Communities – A Profile, 7. Social Exclusion Of Transgender, 8. Kalki Subramanian – A Profile, 9. Conclusion. - PREFACE - The legal, economic and social marginalization of transgender affects every aspect of their lives. Social exclusion is reflected in laws that do not acknowledge the existence of transgender, either as a third gender or as people who wish to transition from male to female, or from female to male. Without legal protection, transgender is vulnerable to daily violence and discrimination, with cumulative impacts. Some impacts are visible, such as the HIV epidemic among transgender in many parts of the world. Most impacts are insidious, with transgender, their families, and communities left to support each other and struggle for their rights. Human rights experts have offered guidance on how to apply existing human laws. From a young age, many transgender people experience social rejection and marginalization because of their expression of their gender identity. This social exclusion affects their self-perception and sense of worth. It may contribute to depression, anxiety, drug and alcohol use, self-harm and suicide. Young transgender people are particularly vulnerable to homelessness, unemployment and economic instability, as they often depend on family and educational institutions for housing and other resources .This is mainly due to the fact that their inherent complexities in physiology which does not gel with their psychology deprivation of everything in their life.


The Legal Status of Transsexual and Transgender Persons

The Legal Status of Transsexual and Transgender Persons

Author: Jens M. Scherpe

Publisher: Intersentia Uitgevers N V

Published: 2015-06-15

Total Pages: 550

ISBN-13: 9781780681962

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The need to allow for a legal change of sex/gender, in certain cases, is no longer disputed in most jurisdictions. For European countries, there is no question as to whether such a change should be allowed after the decision of the European Court of Human Rights in Goodwin v. United Kingdom (Application No. 28957/95). The question has therefore shifted to what the requirements should be for such a legal change. Many jurisdictions have legislated or developed an administrative approach to changing sex/gender, but the requirements differ significantly from jurisdiction to jurisdiction, particularly with regard to age, nationality, and marital status, as well as the medical and psychological requirements. The latter, in some jurisdictions, still include surgery and sterility as a precondition, thus potentially forcing the persons concerned to choose between the recognition of their sex/gender identity and their physical integrity. This book examines questions that are thus far under-researched, namely what the full legal consequences of a legal change of sex/gender should be - for example, with regard to the existing legal relationships, such as marriages and registered partnerships, but also concerning children and parentage. The Legal Status of Transsexual and Transgender Persons is the result of an international research project, including not only national reports from 14 European and non-European jurisdictions, but also two chapters that look at legal sex/gender changes from a Christian perspective, and one chapter from a medical-psychological perspective. The final chapter compares and contrasts the different approaches and requirements and makes recommendations for best practice and law reform.


Trans Rights and Wrongs

Trans Rights and Wrongs

Author: Isabel C. Jaramillo

Publisher: Springer Nature

Published: 2021-06-23

Total Pages: 552

ISBN-13: 3030684946

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This book maps various national legal responses to gender mobility, including sex and name registration, access to gender modification interventions, and anti-discrimination protection (or lack thereof) and regulations. The importance of the underlying legislation and history is underlined in order to understand the law’s functions concerning discrimination, exclusion, and violence, as well as the problematic nature of introducing biology into the regulation of human relations, and using it to justify pain and suffering. The respective chapters also highlight how various governmental authorities, as well as civil society, have been integral in fostering or impeding the welfare of trans persons, from judges and legislators, to medical commissions and law students. A collective effort of scholars scattered around the globe, this book recognizes the international trend toward self-determination in sex classification and a generous guarantee of rights for individuals expressing diverse gender identities. The book advocates the dissemination of a model for the protection of rights that not only focuses on formal equality, but also addresses the administrative obstacles that trans persons face in their daily lives. In addition, it underscores the importance of courts in either advancing or obstructing the realization of individual rights.


Governing Gender and Sexuality in Colonial India

Governing Gender and Sexuality in Colonial India

Author: Jessica Hinchy

Publisher: Cambridge University Press

Published: 2019-04-04

Total Pages: 325

ISBN-13: 110849255X

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Examines the colonial and postcolonial governance of gender and sexuality through the history of transgender Hijras in north India.


Transgender Rights

Transgender Rights

Author: Paisley Currah

Publisher: U of Minnesota Press

Published: 2006

Total Pages: 396

ISBN-13: 9780816643127

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"Transgender Rights packs a surprising amount of information into a small space. Offering spare, tightly executed essays, this slim volume nonetheless succeeds in creating a spectacular, well-researched compendium of the transgender movement." -Law Library Journal Over the past three decades, the transgender movement has gained visibility and achieved significant victories. Discrimination has been prohibited in several states, dozens of municipalities, and more than two hundred private companies, while hate crime laws in eight states have been amended to include gender identity. Yet prejudice and violence against transgender people remain all too common. With analysis from legal and policy experts, activists and advocates, Transgender Rights assesses the movement's achievements, challenges, and opportunities for future action. Examining crucial topics like family law, employment policies, public health, economics, and grassroots organizing, this groundbreaking book is an indispensable resource in the fight for the freedom and equality of those who cross gender boundaries. Moving beyond media representations to grapple with the real lives and issues of transgender people, Transgender Rights will launch a new moment for human rights activism in America. Contributors: Kylar W. Broadus, Judith Butler, Mauro Cabral, Dallas Denny, Taylor Flynn, Phyllis Randolph Frye, Julie A. Greenberg, Morgan Holmes, Bennett H. Klein, Jennifer L. Levi, Ruthann Robson, Nohemy Solórzano-Thompson, Dean Spade, Kendall Thomas, Paula Viturro, Willy Wilkinson. Paisley Currah is associate professor of political science at Brooklyn College, executive director of the Center for Lesbian and Gay Studies at the CUNY Graduate Center, and a founding board member of the Transgender Law and Policy Institute. Richard M. Juang cochairs the advisory board of the National Center for Transgender Equality (NCTE) in Washington, DC. He has taught at Oberlin College and Susquehanna University. He is the lead editor of NCTE's Responding to Hate Crimes: A Community Resource Manual and coeditor of Transgender Justice, which explores models of activism. Shannon Price Minter is legal director of the National Center for Lesbian Rights and a founding board member of the Transgender Law and Policy Institute.


Legalizing Sex

Legalizing Sex

Author: Chaitanya Lakkimsetti

Publisher: NYU Press

Published: 2020-01-14

Total Pages: 205

ISBN-13: 1479852236

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How the rise of HIV in India resulted in government protections for gay groups, transgender people, and sex workers This original ethnographic research explores the relationship between the HIV/AIDS epidemic and the rights-based struggles of sexual minorities in contemporary India. Sex workers, gay men, and transgender people became visible in the Indian public sphere in the mid-1980s when the rise of HIV/AIDS became a frightening issue. The Indian state started to fold these groups into national HIV/AIDS policies as “high-risk” groups in an attempt to create an effective response to the epidemic. Lakkimsetti argues that over time the crisis of HIV/AIDS effectively transformed the relationship between sexual minorities and the state from one that was focused on juridical exclusion to one of inclusion. The new relationship then enabled affected groups to demand rights and citizenship from the Indian state that had been previously unimaginable. By illuminating such tactics as mobilizing against a colonial era anti-sodomy law, petitioning the courts for the recognition of gender identity, and stalling attempts to criminalize sexual labor, this book uniquely brings together the struggles of sex workers, transgender people, and gay groups previously studied separately. A closely observed look at the machinations behind recent victories for sexual minorities, this book is essential reading across several fields.


Queering International Law

Queering International Law

Author: Dianne Otto

Publisher: Routledge

Published: 2017-07-14

Total Pages: 493

ISBN-13: 1351971131

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This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy – notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.