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Supreme Court Decision: Transgender (Eunuchs) as Third Gender




A little knowledge of laws could be a crime. In the recent, Supreme Court decision to recognize transgender (more correctly only eunuchs) as third gender, other being male and female is quite conflicting. Is there a difference between gender and sex? The answer is yes. The term "sex" refers to biological condition of a person at time of birth. The term "gender" is the person's orientation which may be personal or in relation of the rules associated with two general sex types established by the society. 

In vastly changing diaspora, the people are largely enlarging the essence of a community to include various cultures. In this scenario, it is common to see the upcoming trends like blond hairs, wearing loose-fitted clothes in work conditions, wearing weird nail paints, and to communicate using complex jargon. Transgender reflect a different sexual preference against to what naturally being assigned to them and commonly fall in the category of lesbians or gays. They often show their preferred gender affirmations by behaving in same manner. A transgender woman, the one a male by the birth may like to dress up and behave like women and be in the company of women.

Currently this decision is restricted to the eunuchs rather than gay, lesbians and/or bisexuals. Transgenders or eunuchs have reported cases of harassment because of the observance of Article 377. However, the current ruling by the Supreme Court enables them to establish their identity and seek any service and to live life like any normal person.

The law is conflicting in nature as it serves second blow to the gays or lesbians after passing of Article 377 against them. I, so far have been in favor of it because no matter we are sustaining and developing current human resources for many diverse cultures, there are some practices related to them which are considerably unethical. 

Even among normal people, the old-age customs and beliefs such as early marriage, pinning certain parts of the body, suggesting lifestyles with certain diets or physical activity are far in the dark spheres of civilization. Though, almost nothing substitutes the sexual preferences of an individual or a group be it asexual, bisexual, unisexual, and/or multisexual. However, these practices are largely discouraged over time because it was/is observed that these are synonymous with the symptoms of cultural pessimism and/or imperialism and gender dysphoria.

In amidst the controversial promises by the party candidates to revoke Article 377 when chosen to power, it is difficult to ascertain the role of Supreme Court in desensitization on the issue of homosexuality. Does Election Commissioner of India have any role regarding election manifesto drawn by different political parties? In earnest, political parties play the biggest role in ascertaining the mood of a nation. Hopefully, there is respite for those who are illegally harassed even after conformity with the law. We wait for a better picture in the future regarding to Article 377.


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