The Un-right Act for the Protection of the Rights of Transgenders in India
Posted: 1 Jun 2020 Last revised: 1 Jun 2021
Date Written: January 10, 2020
Abstract
The most prized possession of a human being is their recognition as a person. But even this most fundamental of rights is being consistently denied to the gender minorities across the world, especially in India. As a result, transgenders suffer from extreme stigma and ostracization. Transgenders in India struggle for everything from abandonment to abuse, discrimination, education, employment, housing, public access to other basic facilities. Law is expected to protect the interest and safeguard the rights of all, particularly vulnerable groups like the transgenders in India. Unfortunately, in case of transgender persons, the Transgender Persons (Protection of Rights) Act, 2019 has failed them. The paper seeks to understand how transgenders in India became a defenceless community in the Indian society. It will analyse the legal history of transgender rights in recent times, and go on to appraise the Act in detail in a hope that the identification of the shortfalls will enable the State do the needful to rectify the same.
Keywords: Constitutionality, Human Rights, Self- Determination, Transgender Rights Act, Transgenders
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