Sudhangee Handoo, BA.LLB (Hons.), Presidency University, Bangalore
ABSTRACT
Hinduism holds that gods can exist in a variety of forms, but they are all ultimately united by the spirit of Brahman. Hinduism places a greater emphasis on a continual cycle of birth and reincarnation than Judaism, Christianity, or Islam, which place more emphasis on the deeds of a single lifetime. This release of the true self from the constraints of the body and the ego is known as ‘Moksha’. Release from sensuous activities, including sexuality, is a part of that process. However, there is no distinction made between homosexual and heterosexual behaviour in Hindu sacred writings. Although the labels heterosexual and homosexual are not used directly in Hindu sacred texts, they do make a distinction between procreative sexual actions (within marriage) and non-procreative sexual acts such as oral, etc. These are expressly forbidden for brahmanas and priests, but not for the average person. In modern Hindu society, where homosexuality was prohibited for a brief period starting in 1860 as a result of colonial British regulations, open discussion of sexuality is rare.1 One must stop making automatic judgments of good and wrong in order to overcome them. It is necessary to cultivate composure and to have a wholly impartial and objective perspective on life. The Hindu worldview has always been accepting of various modes of existence. Any way you look at it, nature is incredibly complicated and all of its diversity is a result of natural processes. Everything is a product of God's creation. And it is harsh and ignorant to label these nonconformities as undesirable or flawed in any manner. This article, which tries to highlight the challenges that the transgender community in India encounters, focuses on how unwelcoming India's personal laws are towards the LGBTQ community. Although the Supreme Court upheld their right to self-perceived gender identity, there are still considerable barriers standing in the way of living their lives under the "equal protection of laws" that Article 14 of the Indian Constitution guarantees. This article analyses the identities of transsexuals and "The Third Gender," which make up the majority of the transgender population in India. The following sections go into further detail on the many third gender identities, pursuits, and practises. This study examines the implementation of Hindu laws for the majority of transgender people who identify as Hindu. In both regards, the nature of their legal rights has also been investigated in respect to secular legislation. The paper concludes by providing a sui generis policy prescription for enhancing personal laws.
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