ECONOMIC JUSTICE: A SISYPHEAN REVERIE FOR TRANSGENDER PEOPLE
By Shakti Gayatri Panda, Advocate at Patna Civil Court.
Abstract
India's remarkable transformation from a poverty-ridden economy to globally one of the fastest-growing economy is a testament to its unwavering evolution. With its GDP poised to touch an astounding US$ 5 trillion by 2025, the nation's economic prowess is irrefutable. However, despite this impressive growth, the vision of founding fathers and mothers of our Constitution to nourish economic justice, remains an unfulfilled aspiration. The Preamble of Indian Constitution serves as a beacon, illuminating its four core objectives: justice, equality, liberty, and fraternity. Among these, justice is multifaceted, encompassing social, economic, and political magnitudes. Economic justice, in particular, advocates for equal access to economic rights and opportunities, striving to bridge the gap between economic justice and growth of nation. However, a critical assessment of economic justice reveals a blatant omission i.e. gender neutrality. Despite the Supreme Court's landmark recognition of transgender individual’s rights (National Legal Services Authority v. Union of India)[1], discrimination still persists, perpetuating a never-ending cycle of marginalization. Historically, men have held positions of power, while women have fought ebulliently for equal status. Although women's rights have progressed with time, but transgender individuals continue to encounter formidable barriers in education, employment, and healthcare, clogging their economic empowerment. Despite Government initiatives aimed at allocating resources for their welfare by introduction of Transgender Persons (protection of rights) Act, 2019 and SMILE (Support for Marginalised Individuals for Livelihood and Enterprise) scheme, more needs to be done to address the systemic issues that prevent transgender individuals from achieving economic justice. It is crucial to acknowledge that economic justice extends beyond providing equal opportunities; it necessitates confronting and rectifying the historical and systemic inequalities that have downgraded transgender individuals. By recognizing and addressing these issues, we can work towards creating a more inclusive and equitable society, where economic justice is truly accessible to all.
[1] AIR 2014 SC 1863 and (2014) 5 SCC 438
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