GS2 · 15 marks · 250 words

The ‘third gender’ has not yet been engendered in the Indian society despite legislative nudge. Analyse.

Answered by 3 toppers · CSE 2023–2025

Vulnerable SectionsWelfare SchemesFundamental RightsConstitution and Basic Structure

Syllabus: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

How toppers approached it

From all 3 answers · about 240 words · 67% drew a diagram.

Opening

  • A figure2 of 3
  • A definition1 of 3

Body

  • Points and prose2 of 3
  • Points1 of 3

Close

  • A way forward2 of 3
  • No separate close1 of 3

The toppers’ answers

Aditya SrivastavaAIR 1 · CSE 2023 · 237 wordsTheir whole copy

Opening · a figure

The transgender form around 49 lakh of our population as per Census 2011.

There has been legislative nudge in protecting the transgender as

Body · points and prose

  1. Transgender Protection Act 2021
  • Gave certain rights to the transgenders related to access, jobs, etc.
  • Gave an identity to the "third gender"
  1. NALSA case judgement -
  • recognised the various challenges faced by transgender and suggested measures for solving issues.

However, still they have remained endangered

  1. OBC reservation under NALSA case not given.

  2. Lack of right of self determination as identity certificate by DM.

  3. No change in IPC and other laws to expand "woman" to include crimes against transgender.

  4. Social stigma - faced by 89% of the transgender (NHRC data)

  5. Unemployed and live on alms.

  6. Only 30% registered with Election Commission → lack of voice.

Diagram
Impact of such exclusion → lack of equality of opportunity. → violation of rights and dignity (Article 21) → goes against spirit of constitution → judicial order not implemented → "third gender" become third citizens → not treated at parity

All this calls for following steps

to ameliorate the sufferings —

  1. Amend the IPC by inserting a clause expanding definition of women to include transgender.
  2. Swadhar Greh model of Gujarat → skilling of transgenders.
  3. Providing them credit and support for entrepreneurship — done by Karnataka Women Development Council.
  4. Treat them at parity with OBC in appointments and promotions → new yardsticks of justice.
  5. Treat discrimination against them as untouchability → Living Tree doctrine

Close · a way forward

This would uphold the dignity and human rights of the transgenders as a part of our society for welfare & Sarvodaya.

More on Vulnerable Sections

Legal and institutional protection for groups the state singles out.

All GS2 questions on Vulnerable Sections