Recognising the rights of the convicts, under-trials and minorities group by adhering to the rights guaranteed to them under the Constitution, puts the judiciary on a high pedestal of protecting and promoting human rights that one is entitled to without any discrimination of caste, colour, gender, religion and language.
The judiciary's image that was in tatters after it upheld the constitutional provision of Article 377 that criminalises homosexuality or unnatural sex got a fillip in the ruling in the favour of transgender.
The long fought battle against ideological and social construction of sexuality has gained solid ground after the courageous and dynamic judgement of the SC favouring the recognition of transgender identity creating ground for their emancipation. The ruling will go a long way in determining the societal structure and acceptance of transgender in every walks of the society and not neglected any more.
Thanks to the ruling they can now access better education, have voting rights and better job opportunity, among others. Also the most important thing this ruling has brought in my opinion is that somewhere it now forces people to think about before a child is being rejected at birth for not being either a boy or a girl.
Against the criticism leveled by the proponents of constrained court view that courts cannot generally produce social reforms due to ?the limited nature of constitutional rights, the lack of judicial dependence, and the judiciary's inability to develop appropriate policies and its lack of powers of implementation?, the dynamic court view holds that courts can be effective producers of significant social reform and they can be more effective than other governmental institutions in producing significant social change (Rosenberg's The Hollow Hope ).
Undoubtedly, the SC ruling in transgender's case upholds the dynamic nature of courts in India.
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