GENDER FLUIDITY VIS-À-VIS FUNDAMENTAL RIGHTS

Society is vulnerable to change. Any society resisting change is not amenable to development. A society comprises rational beings with a set of conscious values. Values are mind-dependent. The internalisation of values is an individualistic phenomenon. The institutionalisation of certain values is subjected to the whims of people. Institutions promote such values that they deem fit the needs and propensities of society. Whether we accept it or not sexuality of one is inextricably intertwined with the values and norms of society as a whole. None of either of the two can thrive in isolation. However, the tussle surfaces when the status quo of values and norms disdains the sexual orientation of the individuals posing a question mark on the individuality of beings itself. The article presented herein unfurls the numerous technicalities dealing with the sexuality of a person and how it is deeply integrated into the concept of self. 

The recent impugned judgement—Supriya Chakraborty v Union of India—of the apex court wiggled our reasonability regarding the legitimacy of same-sex legislation. Are we evading our accountability of recognising the rights of a sphere of society relying on the premise of skewed and subjective values? Are non-conformed individuals not entitled to receive adequate and apt rights from the authorities? Is an unrecognition of rights an expected mechanism to deal with and pacify the rigidity of society? If the classification of one individual is a valid classification, then why is bestowing rights to a small section of society, not a valid concern? All these questions are answered in the presented article.