Transgenders & Human Rights
Keywords:
: intergovernmental desire, Transsexuals, paradox, fundamental freedomsAbstract
Much of the twentieth century, especially its later half is known as the ‘Age of Human Rights’ and rightly so as no preceding century in human history witnessed such a provision of human rights enunciations on a global scale. Never before have the languages of human rights sought to supplant all other ethical languages. No previous century has witnessed the proliferation of endless normativity of human rights standards as a core aspect of the politics of the intergovernmental desire. Never before has this been a discourse so varied and diverse.[1]It was this sheer importance which prompted the then Secretary General of the United Nations, Mr. Boutros Boutros Ghali, to term it, in his inaugural address at the 1993 Vienna Conference on Human Rights, as a ‘common language of humanity’.
This article attempts to discover how far the changing dimensions of the human right discourse has helped the Transsexuals (or Transgenders, as they are preferred to be called now) as well as Lesbians, Gays, Bisexuals and other such sexual and gender minorities in attaining the social, economic and political status they have been fighting for all these years.
[1] Upendra Baxi, The Future of Human Rights 1(2nd ed. 2006).
References
1. Upendra Baxi . The Future of Human Rights. 2nd Edn. Delhi: Oxford University Press; 2006.
2. Upendra Baxi . Transgender People and Their Prob lems. Jul 27, 2017, 9:30 PM . http://socialjustice.nic.in/pdf/introduction. pdf. (According to Prof. Baxi, human stands marked by the presence of ‘man’ and person by a ‘son’. So , he prefers to use a non -sexist version by combining the first letters of both the words: ‘huper’ and expects that this term will replace the term ‘human’ in future.)
3. Mahajan VD. Jurisprudence and Legal Theory. 607 (Rep. 2010).
4. Baxi. Supra 14.
5. Subramaniam S. Human Rights: International Challenges. Vol. 1, 3 2007.
6. Mahajan. Supra 610.
7. Manika. Homosexuals: The Fight for Normalcy. / (Unpublished LL.M. Dissertation) University of Delhi; 2013.
8. Ken Plummer . Rights Work Constructing Lesbian, Gay and Sexual Rights in Late Modern Times. 153 (2006).
9. Manika. Supra, 39.
10. Baxi. Supra, 115.
11. Id. at 147–48.
12. Manika. Supra, 40.
13. Ronal Dworkin . Taking Rights Seriously . 234 (1999).
14. Michael Focault. History of Sexuality. 155 (2004).
15. Arvind Narrain . That Despicable Specimen of Humanity: Policing of Homosexuality in India in Challenging the Rule(S) of Law: Colonialism, Criminology and Human Rights in India . Kalpana Kannabiran, editor. 2008.
16. Manika. Supra, 55.
17. United Nations High Commissioner for Human Rights, Discriminatory Laws and Practices and A cts of Violence against Individuals Based on their Sexual Orientation and Gender Identity: A Report. 2011.
18. Focault. Supra 157.
19. Naz Foundation v. NCT Delhi, 160 DLT 277, 334 (2009).
20. National Legal Services Authority (NLSA) v UoI & Ors. 4 SCJ 148, 2000-01 (2014).
21. Dhyani SN. Jurisprudence and Indian Legal Theory. 23 (Rep. 2011). Cite this Article Ujjwal Kumar, Brajesh Kumar. Transgenders and Human Rights . Journal of Human Rights Law and Practice . 2018; 1(1): 25–31p.
