Rights of the Third Gender (2023)

By Navpreet Kaur onLex Articles, Lex Pedia

This post has been written by Navpreet Kaur, a 4thYear law student of Delhi Metropolitan Education, Noida.


(Video) THE THIRD GENDER: Understanding the rights of persons with gender disorder

Today in the twenty-first century, we have been allowed a lot of freedoms. A great many people far and wide are at freedom to live however they see a fit sex is not an unthinkable anymore, and homosexuality is neither a sickness nor a perversion. The terms third gender and third sex portray people who are arranged as neither man nor woman just as the social classification present in those social orders who perceive at least three genders. Abandoned by their families in their adolescence and disparaged and manhandled by everybody as eunuchs win their vocation by moving at the beat of drums and frequently resort to revolting stances yet their torment and distress aren’t commonly seen and this interest is only a token of how powerless and disregarded this segment of society is.

Historical Background

The Members of third sexual orientation have played an unmistakable in Indian culture and were treated with extraordinary regard. Being found in the old Hindu sacred texts and were expounded on in most noteworthy sagas of Ramayana and Mahabharata. In the Mahabharata, the Pandavas utilized Shikhandi, an eunuch, to overcome Bhishma Pitamah in the clash of Kurukshetra. At the point when ruler Ram was leaving for his 14 years oust, he asked all people who had come to grieve his detachment from the country to come back to the city. Among then was a gathering of eunuchs who isolated to remain as they didn’t feel bound by heading. Intrigued by their commitment Ram authorized them forces to favour individuals’ propitious events. This convention is practised even in current India today. In medieval India as well, during the Mughal realm in the sixteenth &17th century, the eunuch who has its foundations’ Greek importance manager of terrible considered close confidants of heads regularly being utilized as illustrious workers.

The legality of Marital Relationship

Neither the Hindu marriage act nor the Special marriage act incorporates eunuchs in their ambit. Eunuchs are not secured under national commission for women since they don’t shape a part of the fairer sex. Section 2(c) of National Commission for minorities which characterizes minority networks as Muslims, Christians, Sikhs, Buddhists yet don’t go under the classification of minorities under this demonstration.

The preface of UDHR peruses “while the individuals of United Nations have in the sanction reaffirmed their confidence in essential human rights” in the poise and worth of the human individual and the equivalent privileges of man and woman and have resolved to prelude social advancement and better measures of life in bigger opportunity. The contract of the United Nations additionally has given no spot to this sexual orientation.

Constitutional Guarantee and Legislation

On April 15, 2014 milestone decision of National legal services authority v. Union of India[1], perceived the privileges of transgender according to law depending on article 14 of Indian Constitution managing right to equity utilizes the term individual which doesn’t limit itself to double term.

(Video) Gender identity: ‘How colonialism killed my culture’s gender fluidity’ - BBC World Service

Article 15 implies that states will not oppress any person on the ground of sex concerning access to shops open cafés, lodgings, and spots of open amusement.[2] Gender character is at the center of one’s close to home personality. Hence it should be ensured under Article19.[3] The LGBT rights are ensured by associations outside the UN structure like American common freedoms Union.

The privileges of transgender individuals like their character and access to wellbeing, instruction, work, lodging, and different rights are in effect progressively broadly perceived after the court’s choice to sanction third sex. The third sexual orientations are appreciating increasingly social equality being included in the enumeration.

Elections and Educational Institutions

The third Gender has the right to cast vote as well as the privilege to be chosen. If not evacuating nepotism and partiality that breeds defilement.

Eg: Sonam Kinnar recorded her selection in Amethi against Rahul Gandhi alongside Kumar Vishwas and Smriti Irani. In Varanasi Hijra named Kamala challenged against BJP’s’ Narendra Modi. Shabna Mausi as an MLA from Sohagpur (MP), Ashadeni as Gorakhpur, Mayor.Bijli Bai as nearby body boss in Kamalganj, Heera Bai challenged by Jabalpur and Samajwadi party ticket.Pooja in Vishar Nagar (Durg) Mahendragarh Koring.The winning of eunuchs in a political decision at various levels as people group’s agents is demonstrative of their social acknowledgement in our nation.

Also Read: Marital Rape: An Analysis of the Indian Judicial Standpoints

After Supreme Court administering of consideration of third sexual orientation as OBC for affirmation in instructive establishments, numerous colleges presented space for third sex in application structures. Banglore University was the first one in quite a while to permit qualified transgender individuals seeking after advanced education to take confirmation and profit reservation portion of one seat in every one of 60 postgraduate courses offered.

Eunuchs in the Modern Times

(Video) When were The Third Gender Recognised in India?|| CASE LAWS || CONSTITUTION OF INDIA ||DAY-16

There are around 1 million eunuchs in India today, however, their job in life has changed definitely and is never again that of regal workers, compatriots, and companions. It is living traditions in the nation to have eunuchs favour labour, weddings, housewarmings and different promising events, as they are accepted to have mysterious forces, and their endowments – and curses – are both viewed as strong. They order a mind-boggling system that educates them regarding any festival in their neighbourhood. They save an extraordinary watch for the introduction of a child kid to any family. They approach such families and demand that the infant appears to them. They would favour the kid and request an enormous measure of cash consequently. The ulterior thought process of such vigil is to check whether any infant is brought into the world of eunuchs. If they see the newly conceived as the eunuch, they request the family to leave behind such a child, which the families, for the most part, do to evade social embarrassment later.

In recent times, they have developed past the job of offering gifts. They are being dreaded. No one needs to be addressed by one of them – as they are known to prod bystanders’ with their elbows, stroke them on the cheek, insult or revile them. They utilize the component of dread they conjure in individuals to extricate aid. Prostitution is an elective profession for them.

International Arena

The LGBT rights (Lesbians, Gays, Bisexuals, Transgender rights) are secured by certain associations outside the UN system. While the UDHR and ensuing universal human rights reports don’t unequivocally refer to a sexual direction or sex character, developing originations of worldwide human rights laws incorporate the rights and secure the LGBT bunches far and wide. These incorporate an expansive understanding to incorporate fruitful lawful contentions dependent on the right to privacy, equality and freedom from discrimination[4]The extent of UDHR Articles, for example, Freedom from Arbitrary Arrest (Art. 9), Right to Asylum (Art. 14), and Right to Life, Liberty and Security of Persons (Art. 3), Right To Freedom From Torture And Degrading Treatment (Art. 4), Right To Peaceful Assembly And Association (Art. 20) should be augmented to remember transgender individuals for the request to secure their human rights.

The fundamental driver for the oppression of eunuchs is the mentality of the general public. Attributable to the way that these individuals are distinctive in issues of their sexual inclinations and are sufficiently able to show it, the general public considers it to be an infringement of a standard and in this way subjects them to disengagement. Law needs to step in to guarantee that a generally little however profoundly distressed mortified segment of the common society is given its privileges ensured by the constitution.


There is by all accounts no motivation behind why a transgender must be denied right human rights which incorporate rights which incorporate privileges of life and freedom with nobility, right to protection and opportunity of articulation, rights to training and empowerment right against viciousness, directly against abuse, separation. Constitution has satisfied its obligation of giving rights to transgenders. On the off chance that all works out as expected, they will never again be constrained into prostitution and some hijras ought to be off the boulevards soon. Sexual orientation uniformity can’t address questionable. It is something that ought to be received as a lifestyle.

[1]National Legal Services Authority v. Union of India, (2014) 5 SCC 438

(Video) Rights of Third Gender

[2] INDIAN CONST. art 14

[3] INDIAN CONST. art 16,19


Subscribe to Latest Posts !


Constitutional Rights of the Third Gender Eunuchs in modern times LGBT Rights LGBT Rights and UDHR Rights of Eunuchs Rights of the Third Gender

(Video) Third Gender Rights


What is the concept of third gender? ›

Third gender is a concept in which individuals are categorized, either by themselves or by society, as neither man nor woman. It is also a social category present in societies that recognize three or more genders.

How can we solve the problem of gender identity? ›

Where to Begin?
  1. Do Your Research. There is growing recognition that gender is not a simple binary (male and female), but rather a spectrum. ...
  2. Show Respect. Be respectful of an individual's affirmed gender identity, name, and pronouns. ...
  3. Be an ally and advocate. ...
  4. Get support if needed.

What is the importance of gender identity in society? ›

Gender is of key importance in defining the power, privilege and possibilities that some people have and some people do not have in a given society. It affects progress towards equality and freedom from discrimination.

How does gender identity affect your life? ›

Confusing gender identity and sexuality can lead to people making the wrong assumptions about others, which affects how well we understand and communicate with them. Trans and gender diverse people may at any given time change their sexuality to be affirming of their gender identity.

Is there a third gender in us? ›

In April 2022, the United States joined a growing list of countries that allow for a third gender option (“X”) in passports.

What are the symptoms of third gender? ›

  • A difference between gender identity and genitals or secondary sex characteristics, such as breast size, voice and facial hair. ...
  • A strong desire to be rid of these genitals or secondary sex characteristics, or a desire to prevent the development of secondary sex characteristics.
Feb 26, 2022

Why is it important to respect all genders? ›

Gender equality prevents violence against women and girls. It's essential for economic prosperity. Societies that value women and men as equal are safer and healthier. Gender equality is a human right.

What is the best solution for gender equality? ›

  • From increasing women's representation in leadership and decision-making to redistributing care-work and productive resources, progress towards a gender equal and sustainable future starts with taking action today. ...
  • Empower women smallholders. ...
  • Invest in care. ...
  • Support women's leadership. ...
  • Fund women's organizations.
Feb 28, 2022

What to do when your daughter says she wants to be a boy? ›

I recommend that you start with a talk where you respectfully and lovingly let your daughter know how you feel about her gender identity and what your concerns are for her. You can also let her know what you are comfortable doing in support of her and what you are not.

Why gender is a development issue? ›

Why is gender a development issue? The roles that women play are different in any given society, and their situation is determined by the legislation, religious norms, economic status or class, cultural values, ethnicity and types of productive activity of their country, community and household.

How does gender equality affect society? ›

Gender equality makes our communities safer and healthier

Unequal societies are less cohesive. They have higher rates of anti-social behaviour and violence. Countries with greater gender equality are more connected. Their people are healthier and have better wellbeing.

Is gender equality a social justice issue? ›

Gender equality is first a matter of social justice, allowing equal access to rights, resources and opportunities. But it also makes our societies richer and more secure. In other words, gender equality is a condition of development, and a matter of sustainable peace and security.

What part of the brain controls gender identity? ›

Regarding grey matter, the main sexually dimorphic areas associated with the development of gender identity are represented by the central subdivision of the bed nucleus of the stria terminalis (BNST) and the third interstitial nucleus of the anterior hypothalamus (INAH3).

Do all babies start as female? ›

All human individuals—whether they have an XX, an XY, or an atypical sex chromosome combination—begin development from the same starting point. During early development the gonads of the fetus remain undifferentiated; that is, all fetal genitalia are the same and are phenotypically female.

Does gender change personality? ›

Research in the field of personality traits shows clear gender variations. For example, we know women score higher than men on personality traits such as agreeableness, openness to experience, conscientiousness, neuroticism, and extroversion.

Will the US add a 3rd gender option on passports? ›

The U.S. Will Add A 3rd Gender Option On Passports

Whatever gender marker applicants choose will appear on their passport regardless of the gender listed on previous passports or supporting documents proving citizenship and identity.

What is the Mexican third gender? ›

There are two types of muxes, the gunaa and the nguiiu. The gunaa are those who were born as men but who identify as women, are attracted to men and assume feminine roles in society. The nguii are those who were born as men and are attracted to other men.

How common is it to have three boys? ›

Couples with 3 children: 25% of couples have 3 girls or 3 boys, and 75% have 1 boy/2 girls or 1 girl/2 boys. Couples with 4 children: 12.5% of couples have 4 girls or 4 boys, 37.5% will have 1/3 and 50% will have 2/2.

What came first a boy or a girl? ›

Geneticists have discovered that all human embryos start life as females, as do all embryos of mammals. About the 2nd month the fetal tests elaborate enough androgens to offset the maternal estrogens and maleness develops.

What age does a child gender identity develop? ›

Gender identity typically develops in stages: Around age two: Children become conscious of the physical differences between boys and girls. Before their third birthday: Most children can easily label themselves as either a boy or a girl. By age four: Most children have a stable sense of their gender identity.

What are positive effects of gender equality? ›

Having equal pay with men, women can provide better healthcare, better food, and better opportunities for their kids. Even if a mother chooses to stay at home with her children, the effects of gender equality (like equal pay and education) provide a safety net in case she does need to go to work.

What are some examples of gender equality? ›

Examples of Gender Equality
  • Example 1: Equality at Home. ...
  • Example 2: Equal Pay for Equal Work. ...
  • Example 3: Zero Tolerance for Sexual Harassment and Gender-Based Bias. ...
  • Example 1: Economic Equality. ...
  • Example 2: Improved Education. ...
  • Example 3: Better Health.

What is the importance of gender equality essay? ›

A nation needs to value every gender equally to progress at the right place. A society attains better development in all aspects when both genders are entitled to similar opportunities. Equal rights in decision making, health, politics, infrastructure, profession, etc will surely advance our society to a new level.

What is the biggest problem in gender equality? ›

Here are seven examples.
  • Gender bias in education. ...
  • The gender pay gap. ...
  • Gender disparities in agriculture. ...
  • Poor access to healthcare. ...
  • The high price of collecting water. ...
  • Child marriage and other forms of gender-based violence. ...
  • Lack of representation for women and girls at the policy level.

How can we improve women's rights? ›

Five Things World Leaders Can Do Right Now to Advance Gender Equality
  1. Level the law. Governments have the legislative power to remedy gender discrimination enshrined in laws, but often, that power is squandered. ...
  2. Girls and women count, so make sure you count them. ...
  3. Elevate her. ...
  4. End gender-based violence. ...
  5. Pay for Parity.
Jan 19, 2020

What causes gender inequality? ›

One of the major causes of gender inequality is the lack of awareness among women about their rights and their ability to achieve equality. This lack of awareness is often due to the prevailing cultural and social norms, which dictate that women should be subservient to men.

What age should my son have a girlfriend? ›

As a general guideline, Dr. Eagar advises not allowing single dating before age sixteen. “There's an enormous difference between a fourteen- or fifteen-year- old and a sixteen- or seventeen-year-old in terms of life experience,” he says.

Do most parents want a boy or girl? ›

About 40% of parents, across the decades, have told researchers that if they could only have one child, they would want a boy. Only a consistent 20% to 30% has chosen a girl or no preference. At least when it comes to what we think we want, the data is clear. American parents wants sons.

Is it normal for a 6 year old boy to say he wants to be a girl? ›

Some children's gender identity remains stable over their life, while others may alternate between identifying themselves as “boy” or “girl”, or even assume other gender identities at different times (sometimes even in the same day). This is normal and healthy.

What problems are caused by gender? ›

These are some types of gender inequality.
Gender Inequality Examples:
  • Gender inequality in girls education. Even before the pandemic, girls were more likely than boys to never set foot in a classroom and be denied equal opportunities. ...
  • Child marriage. ...
  • Gender-based violence. ...
  • Child labor.

What are the major gender issues? ›

Here are five major challenges still facing women in the workplace.
  • Unequal pay. On average, American women are more educated than men. ...
  • Sexual harassment. An obstacle that many women face in the workforce is sexual harassment. ...
  • Racism. ...
  • Women are promoted less often than men. ...
  • Fear of asking to be paid what you're worth.
Feb 25, 2019

What are the challenges of gender equality? ›

With the prevalence of gender discrimination, and social norms and practices, girls become exposed to the possibility of child marriage, teenage pregnancy, child domestic work, poor education and health, sexual abuse, exploitation and violence. Many of these manifestations will not change unless girls are valued more.

How does gender inequality affect daily life? ›

less pay for similar work. higher levels of stress. higher rates of unpaid work, such as caring for sick relatives. exposure to higher rates of sexual assault, intimate partner abuse, and gender-based violence.

How has gender equality improved? ›

Social scientists have documented a dramatic change in gender inequality in the last half century, sometimes called a “gender revolution.” Women's employment increased and became the norm, even for mothers of young children (1). Birth control became available to most (2, 3).

Why is equality so important? ›

Equality is about ensuring that every individual has an equal opportunity to make the most of their lives and talents. It is also the belief that no one should have poorer life chances because of the way they were born, where they come from, what they believe, or whether they have a disability.

How to protect womens rights? ›

Every woman should have the freedom to make her own choices and claim her rights.
8 ways to change the course for women's rights
  1. Raise your voice. ...
  2. Volunteer. ...
  3. Start a fundraiser. ...
  4. Attend marches and protests. ...
  5. Donate to women's movements and organisations. ...
  6. Shop smartly. ...
  7. Challenge events. ...
  8. Become a corporate sponsor.
Apr 16, 2019

What are basic women's rights? ›

Issues commonly associated with notions of women's rights include the right to bodily integrity and autonomy, to be free from sexual violence, to vote, to hold public office, to enter into legal contracts, to have equal rights in family law, to work, to fair wages or equal pay, to have reproductive rights, to own ...

What are some examples of gender inequality in the United States? ›

In the United States and around the world, women continue to be underrepresented in high-level, highly paid positions and overrepresented in low-paying jobs. Women of color and transgender individuals experience particularly high levels of poverty, unemployment, and other economic hardships.

Do male and female brains think differently? ›

In addition to brain-processing patterns, men and women have different brain chemistry. While both process the same neurochemicals, they process them differently. For example, serotonin (which is connected to happiness and depression) does not process the same in women.

What is the psychology behind gender identity? ›

Our gender identity is influenced by our personal experiences throughout the socialization process, the people with whom we relate, and our own choices. Thus we must understand that gender roles and traits for men and women are dynamic.

Are male and female brains same or different in thinking? ›

On average, males and females showed greater volume in different areas of the cortex, the outer brain layer that controls thinking and voluntary movements. Females had greater volume in the prefrontal cortex, orbitofrontal cortex, superior temporal cortex, lateral parietal cortex, and insula.

What is the last organ to develop in a fetus? ›

The lungs are the last major organ to finish developing. When fully mature, they produce a chemical that affects the hormones in your body.

What do men have instead of a uterus? ›

The structure that is most analogous to the uterus in women is the epididymis in men. The epididymis is an organ made up of a highly coiled tube that stores the sperm produced by the testes.

Can a boy be mistaken for a girl at 20 weeks? ›

While gender prediction is much more accurate during the 20-week ultrasound, there's still a chance it can be wrong.

Which gender is more extroverted? ›

Furthermore, while women also tend to score higher on extraversion, openness, and conscientiousness than men, these results are more mixed, with comparisons depending on investigation of the more specific, lower order personality traits comprising these broad personality factors.

Are woman more mature than men? ›

Men are said to mature 10–11 years later than women which means that while women reach proper maturity by 30, men reach that point by 40. Maturity demands that a person reach a level of psychosocial development where he or she learns to act, reciprocate and make decisions while taking ownership of those actions.

Which gender has a better personality? ›

Taking this approach, the researchers actually found gender differences for every one of the 10 aspects of personality that they looked at – women scored higher, on average, on enthusiasm, compassion, politeness, orderliness, volatility, withdrawal, and openness, while men scored higher on assertiveness, ...

What is the fourth gender? ›

(anthropology) A category (a gender), present in societies which recognize four or more genders, which is neither cis male nor cis female; often, such societies consider trans men to constitute a third gender and trans women to constitute a fourth gender, or vice versa.

What is the triple role of gender? ›

Reproductive, productive and community managing role.

What are the three gender theories? ›

We can examine issues of gender, sex, sexual orientation, and sexuality through the three major sociological perspectives: functionalism, conflict theory, and symbolic interactionism.

What are the three gender ideologies? ›

Gender role ideology falls into three types: traditional, transitional, and egalitarian.

What are the 7 types of gender? ›

Through these conversations with real people Benestad has observed seven unique genders: Female, Male, Intersex, Trans, Non-Conforming, Personal, and Eunuch.

What is a mixed gender called? ›

Gender expression that includes a mixture of masculine and feminine characteristics can be described as androgynous.

How many genders roles are there? ›

Gender roles are culturally specific, and while most cultures distinguish only two (boy/man and girl/woman), others recognize more. Some non-Western societies have three genders: men, women, and a third gender. Buginese society has identified five genders. Androgyny has sometimes also been proposed as a third gender.

What are the 3 agents of gender socialization? ›

Learning about gender occurs through four major agents of socialization: family, education, peers and media.

What are the two types of gender needs? ›

Types of needs usually identified in a given society, namely practical gender needs and strategic gender needs.

What age does gender identity develop? ›

Gender identity typically develops in stages: Around age two: Children become conscious of the physical differences between boys and girls. Before their third birthday: Most children can easily label themselves as either a boy or a girl. By age four: Most children have a stable sense of their gender identity.

What are the 3 measures of gender inequality? ›

GII is a composite metric of gender inequality using three dimensions: reproductive health, empowerment and the labour market.

What are the 3 key principles of gender mainstreaming? ›

The following five principles hold true for all gender mainstreaming activities and implementation measures.
  • Gender-sensitive language. ...
  • Gender-specific data collection and analysis. ...
  • Equal access to and utilisation of services. ...
  • Women and men are equally involved in decision making.

What are gender roles in today's society? ›

What are gender roles? Gender roles in society means how we're expected to act, speak, dress, groom, and conduct ourselves based upon our assigned sex. For example, girls and women are generally expected to dress in typically feminine ways and be polite, accommodating, and nurturing.

What are the four theories of gender? ›

Summarize four major theories explaining gender development, namely, social learning theory, neurophysiological bases, cognitive developmental theory, and gender schema theory.


1. NALSA Case - Third Gender Recognition - Landmark Judgement | Dr G.L. Sharma
(Let's Crack UPSC CSE)
2. "Third Gender Right to Dignity"
3. THE TRANSGENDER DEFENDER: Her rise and fall at the hands of Ben Shapiro
(Young America's Foundation)
4. Leftist Woman Asks Shapiro If He's Transphobic
5. Dr. Debra Soh Debunks Claims of a Gender Spectrum
(JRE Clips)
6. There Are Only 2 Genders | Change My Mind
Top Articles
Latest Posts
Article information

Author: Wyatt Volkman LLD

Last Updated: 03/28/2023

Views: 5836

Rating: 4.6 / 5 (66 voted)

Reviews: 89% of readers found this page helpful

Author information

Name: Wyatt Volkman LLD

Birthday: 1992-02-16

Address: Suite 851 78549 Lubowitz Well, Wardside, TX 98080-8615

Phone: +67618977178100

Job: Manufacturing Director

Hobby: Running, Mountaineering, Inline skating, Writing, Baton twirling, Computer programming, Stone skipping

Introduction: My name is Wyatt Volkman LLD, I am a handsome, rich, comfortable, lively, zealous, graceful, gifted person who loves writing and wants to share my knowledge and understanding with you.