Addressing Violence & Protecting Transgender Rights: A Critical Analysis Of India's Legal Framework

Sieya Bhatia, BML Munjal University

ABSTRACT

This paper examines the issue of violence against the transgender population in India and the legal framework for transgender rights. Transgender people are one of the most marginalized and vulnerable groups in India, facing widespread violence, discrimination, and exclusion from mainstream society. Violence against transgender people can be physical, sexual, emotional, psychological, or economic, and it can be perpetrated by both state and non-state actors. Transphobia is a major factor that fuels violence towards these individuals. The paper analyzes the legal framework for transgender rights in India, including the National Legal Services Authority v. Union of India judgment, the Transgender Persons (Protection of Rights) Act, 2019, and the Protection of Women from Domestic Violence Act. The paper argues that while the legal framework has made some progress in recognizing the rights of transgender individuals, it has several limitations that hinder its effectiveness in providing adequate protection to the transgender community. The paper also highlights the challenges faced by transgender people in accessing remedies for the violence they experience, such as lack of awareness and sensitivity among authorities, slow and complex legal process, social and economic barriers, and gendered framing of laws. The paper concludes by giving some recommendations to improve the legal framework and address the issue of violence against the transgender population in India. These recommendations include amending the Transgender Persons (Protection of Rights) Act to ensure comprehensive protection to the transgender community, criminalizing hate crimes against transgender individuals, recognizing non-binary gender identities, prohibiting conversion therapy, enforcing existing laws and policies, enhancing media representation of transgender people, and promoting a culture of respect and inclusion for transgender people. The paper aims to contribute to the literature on transgender rights and violence in India and to raise awareness about the human rights of the transgender community.