Kritika Agrawal, Galgotias University Noida
ABSTRACT
The Transgender Persons (Protection of Rights) Act, 2019 seeks to recognise the identity of transgender persons and prohibit discrimination on the basic of sex, color, place of birth etc and provides the rights in the fields of education, employment, equality, healthcare, holding or disposing of property, holding public or private office and access to and use of public services and benefits But the law not effectively working because it violate fundamental rights provide under the constitution of India. This paper
challenges the transgenders persons Act 2019 related to fundamental rights.
At last, this paper concludes that the government must make amendments in this Act in favour of Transgenders persons and properly implement it.
1. Whether Section 18(d) arbitrarily sets the maximum penalty for sexual abuse against transgender persons as less than women in Section 376 of I. P. C, 1860? Whether this violates the fundamental right to equality under Article 14 of Indian Constitution?
2. Whether the Act was violated the fundamental rights under Article 15 of the Indian Constitution?
Keywords: Transgender, Constitution, Rights, India, Amendments, Fundamental etc.
