Paper Details

Name: Priyanka Mittal
Country: India

Year: 2024
Volume: Volume-11, Issue-2 (July- December)
Page Number: 49-54

ABSTRACT
The basic purpose of constitution has always been to transform society for better and to
make it more progressive and embracing. Transformative Constitutionalism ensures that
Constitution keeps on adapting as per change in the society but the spirit of constitution should
never change. The key idea of transformative constitutionalism is that we should change to
make a deeply‐ wounded society complete again. The word „Gender‟ in primitive use
included only men and women. But in today‟s time, society has acknowledged one more
gender namely the transgender people. In Supreme court‟s landmark judgement of Navtej
Singh Johar v. Union of India, homosexuality was decriminalized and homosexuals were
given equal constitutional citizenship. This decision followed the path of court‟s 2014
decision in NALSA v. Union of India, which recognized transgender person‟s gender identity
rights. Through this decision court has given equal status to transgender people as that of
men and women. This case has indeed created a history, by giving the identity to transgender
people as third gender. However, since then, petitions have been filed before several Indian
Courts demanding marriage equality under India‟s marriage law. These developments have
made it imperative to examine the relationship between LGBT+ rights and family law.
Mostly it is contended that existing patriarchal social institutions blatantly ignores
transformational possibilities. These all new progressions suggest that, despite growth, we
are still diverted from the path of transformative constitutionalism judicial pronouncement on
marriage equality is yet to made in India.
Keywords: Constitutional Rights, Judicial Decisions, Transgenders, Transgenders Act,
Transformative Constitutionalism.