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Constitutional Rights and Third Gender in India

Ishdeep Kaur Bhandari

Research Scholar
Department of Sociology
Babasaheb Bhimrao Ambedkar (Central) University, Lucknow

Birendra N. Dubey

Associate Professor
Department of Sociology
Babasaheb Bhimrao Ambedkar (Central) University, Lucknow

Abstract

India is a democratic country where the preamble to the Constitution states that we the people of India have resolved to secure all its citizens justice i.e. in economic, social and political. The legislature always makes efforts to ensure that no one should be deprived of their basic rights. The rights of people are of utmost importance irrespective of the fact that whether it is a male or female, but when it comes to actually enforcement of the fundamental rights the definition of the term citizens narrows down in the case of the third gender. The majority of the society only recognized two genders and due to this consideration the third gender community had faced and still facing discrimination. The Parliament of India is the Supreme law making body in the country and has been passing laws for the protection of the rights of different sections of the society. But despite their existence from ancient times there is no law in India which recognizes the rights of the third gender or for protecting them from violence. This paper is basically descriptive and analytical in nature through which an endeavour has been made to analyze the Constitutional rights and their violation in respect to third gender.

Key words: Indian Constitution, Fundamental Rights, Third Gender, Discrimination and Violation.

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