Though the landmark judgment of NALSA v UOI gave
trans-community an official recognition as a third gender, segregation into two
genders and absence of acceptance of one’s choices is still very prevalent.
This has been ensured by multiple laws and perspective of society in general.
In ‘Transgender people hope for SC intervention’,
Dhurbo Jyoti explains how NRC does not include many transgender. They were
thrown out of their families for being trans. Furthermore, their families
refused to provide documentation for their identification. Another problem
which arose was mismatching of names. After 2014 judgement, many people
belonging to that community changed their names which did not match the
documents making it even harder to prove their identity.
It is considered to be disrespectful to address a
trans-person with their previous name which is something that Nandini Krishnan
does in her book ‘Invisible Men’. Gee Imaan Semmalar called the reference as trans-phobic
while reviewing the book. The book was written with the intention of supporting
transgender community but instead, the reviewer lists out 10 problems that
exist in the book.
In ‘The Sexual is Political’, Vikramaditya Sahai shows
the contradiction between The
Transgender (Protection of Rights) Act, 2019 and NALSA v UOI where, the latter gave the trans community
to determine their gender while the former took away that right and gave it to
a stranger (District Magistrate) to decide it for them and forces medical surgery.
This re-enforced the concept of gender binary.
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