ABSTRACT
This chapter studies the debates and dilemmas of the rights discourse regarding the transgender community in India. It argues that a mere legal recognition of transgender people as citizens does not provide them the right to dignity and inclusion as equal members in the state. A reassessment of the understanding of dignity, equality and freedom in terms of sexual identities is necessary for any rights to be substantively available to the transgender community in India. The paper also highlights some of the contradictions related to the verdict of the Supreme Court of India to Section 377 IPC and recognition of the third gender. It explains processes through which the state contributes towards inclusion and exclusion pertaining to life, work and sexuality of the transgenders in India. The chapter highlights the inability of the Indian state to grasp that not being able to live with dignity is itself a severe violation of their fundamental rights as citizens, and it has also contributed to their social, economic backwardness in Indian society.
