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Analysis Of Legislations Governing Transgender People: A Comparative Study

Analysis Of Legislations Governing Transgender People: A Comparative Study Of India, Hong Kong, Singapore, United Kingdom





Arya Hartalkar, B.A.LL.B. (Honours in Adjudication and Justicing), Maharashtra National Law University, Nagpur

ABSTRACT

The transgender community endures a lot of stigma, abuse, and humiliation. Transgender people’s rights are not respected, which results in the loss of many different liberties. The boundaries of society and law also exhibit discrimination. The rules governing marriage, succession, inheritance, adoption, and taxation, among others, were not designed with the transgender community in mind and may provide difficulties when applied to them.

In current society, the phrase “gender equality” is frequently used. We frequently overlook the fact that this issue affects transgender people as well as men and women, though. This issue of gender inequality is prevalent throughout the world. Someone receives a different treatment only due to who they are or what they think. The Indian Constitution also recognizes that everyone has the right to be treated equally and without discrimination based on their race, ethnicity, nationality, class, caste, religion, belief, sex, language, gender identity, age, or other status.

Since this is a global issue, it is crucial to compare the legislative frameworks and perspectives of various nations. This would enable India to better understand the situation internationally and the positions taken by other nations. The worldwide overview will assist in defining all the issues that the transgender population experiences, so that solutions may be discovered to advance human society.

Each and every person should be treated equally in today’s modern society and should not have their human rights violated.

There is a purpose behind the selection of the nations used in the comparative analysis. The choice of Hong Kong is significant for the W v. Registrar of Marriages case, which has a significant global impact on the subject at hand. The region of the United Kingdom of Great Britain is especially significant because it is the origin of common law and because other judgements on other matters also use their point of view as a benchmark. One of the top nations in the world with a powerful legal system and a pioneer in pre- litigation settlement is Singapore. India was chosen for this research report since it is being written there.

This study paper aims to put light on the issues transgender persons encounter as a result of society’s complicated and inflexible legal and social structures. Additionally, because this is a global issue, the focus of this research paper is on comparative international analysis.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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