Trans - Rights Are Human Rights : An Evaluation of Law on the Protection of Transgender Rights in India
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Type
Article
Date
2022-03
Journal Title
Indian Journal of Law and Justice
Journal Editor
Bandyopadhyay, Rathin
Journal ISSN
Volume Title
Publisher
University of North Bengal
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Syiem, A. H., & Kumar, P. R. (2022). Trans - Rights Are Human Rights : An Evaluation of Law on the Protection of Transgender Rights in India. Indian Journal of Law and Justice, 13(1), 207–229. https://ir.nbu.ac.in/handle/123456789/4606
Authors
Syiem, Angel H.
Kumar, Priya Ranjan
Advisor
Editor
Abstract
2014 is a year to be remembered in the history of India in terms of Transgender Rights,
followed by its fruit in the year 2019. The Judiciary in recognizing the status of
Transgender Persons in the country, identified them as the ‘third gender’ in the NALSA
Judgment (2014). Following cue, the Indian Parliament passed The Transgender
Persons (Protection of Rights) Act, 2019. At the international level too, the efforts of
respecting, safeguarding, protecting and fulfilling the rights of Transgender has been
witnessed constantly through strong recommendations and comments of the United
Nations Charter and Treaty based bodies. The promulgation of the Act of 2019 in India
was a celebrated event as many believed, that it marked an end to the age long
marginalization and discrimination faced by the Transgender Community. A cursory
glance at the legislation would give many, hopes in that regard. However, it was and is
still met with opposition from the Transgender Activists leading to the struggle of the
community to continue. What makes this legislation an issue of debate? It is questioned
on the basis of the very definition of the term ‘Transgender’. It rejects some of the most
important points of the NALSA guidelines. It is almost completely silent on civil and
political rights and most importantly it lacks the voice of Trans-genders themselves for
whom the law is made. This however does not mean that it is a failed legislation. It is
certainly an effort worth appreciating as it opened doors for prohibition of
discrimination and providing social welfare measures for the community. This paper,
seeks to address some of the limitations and gaps of the legislation. In doing so, it also
tries to understand the concept of trans-genders, the historical background in India,
forms of discrimination faced by the community, international human rights laws
provisions on their rights and the role of judiciary in promoting the rights of the
community.
Description
Citation
Accession No
Call No
Book Title
Edition
Volume
ISBN No
Volume Number
13
Issue Number
1
ISSN No
0976-3570
eISSN No
Pages
Pages
207 - 229