A Comprehensive Analysis Of Rights And Obligations: Combating Abuse Of Decriminalized Transgender Rights In India
- IJLLR Journal
- Jun 13
- 2 min read
Ms. Aleena Placid, Law Lecturer, Bishop Cotton Women’s Christian Law College, Bangalore
ABSTRACT
The recognition of transgender rights in India, exemplified by landmark judicial rulings such as NALSA v. Union of India (2014) and Navtej Singh Johar v. Union of India (2018), along with the enactment of the Transgender Persons (Protection of Rights) Act, 2019, signifies a transformative milestone in the nation’s socio-legal framework. These advancements affirm the fundamental rights of transgender individuals to self-identify, live with dignity, and access social justice. Nevertheless, despite these progressive developments, systemic challenges endure, including social stigma, discrimination, legislative shortcomings, and instances of rights misuse, which collectively underscore the necessity for a balanced and nuanced approach. This research critically evaluates the scope and implications of decriminalised transgender rights in India, focusing on the legal, social, and cultural challenges faced by the community in the post-decriminalisation era. It delves into key issues such as identity fraud, the inadequacies in the enforcement mechanisms of existing legislation, and the continued marginalisation of transgender individuals. Moreover, it examines the obligations of society, state institutions, and other stakeholders to ensure the effective implementation of these rights while mitigating potential misuse. By addressing the shortcomings of the Transgender Persons Act, particularly in its enforcement and grievance redressal mechanisms, the study proposes actionable reforms, including legislative amendments, enhanced institutional accountability, and the promotion of community-driven ethical frameworks. Additionally, it advocates for societal reforms through awareness campaigns, inclusive workplace policies, and the establishment of independent grievance redressal bodies. Through this analysis, the research aims to contribute to the academic discourse on safeguarding transgender rights while promoting a culture of accountability and equity. It highlights that addressing the misuse of rights is not merely a legal obligation but also a shared societal responsibility essential for achieving genuine inclusivity and social justice.
Keywords: Transgender Rights, Abuse of rights, Adverse effect, Marginalisation, Self-identification, Inclusivity, Socio-legal framework.
