The Transgender Persons (Protection Of Rights) Act,2019: A Critical Analysis Of Indian Legal Framework For Transgender Rights
DOI:
https://doi.org/10.63682/jns.v14i15S.6352Keywords:
Transgender, Discrimination, Harassment, legal rights, CommunityAbstract
The transgender people have been indispensable in Indian society. Old British-era laws in India have limited the rights of transgender people. Sexual minorities have waited for extended acceptance of their identity and rights since the India Constitution were adopted. They have been considered as second-class citizens, suffered prejudice and persecution. The Supreme Court decided in NALSA v. Union of India that transgender people constitute a "third gender." Furthermore, some of Section 377 of the Indian Penal Code 1860 was decriminalized, which had limited consenting sexual relationships between homosexual couples as proven in Navtej Singh Johar v. Union of India. Established to uphold the rights and dignity of transgender people in India, the Transgender Persons (Protection of Rights) Act, 2019 this act aims to address important issues including discrimination, education, employment, and healthcare; nonetheless, it has been attacked for its seeming flaws and disparities in fulfilling community needs. Emphasizing the Act's provisions, implementation challenges, and shortcomings compromising its effectiveness, this paper meticulously investigates the Act. The study makes specific recommendations based on legal analyses, case studies, and comments from the transgender community that guarantee the Act more closely aligns with the values of fairness and social justice, so addressing current gaps
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