From Identity To Inclusion: The Unfinished Promise Of Transgender Rights In India: A Critical Examination Of The 2019 Act And Its Implementation
- IJLLR Journal
- 2 hours ago
- 1 min read
Dr. Mini S, Associate Professor, Govt. Law College, Ernakulam, Kerala.
Dr. Joby Bhasker, Assistant Professor, Govt. Law College, Ernakulam, Kerala.
Ms. Somanadhan Anila, Assistant Professor, Govt. Law College, Ernakulam, Kerala.
“Trans people are extraordinary, strong, intelligent, persistent and resilient. We have to be. And we will not stand for the picking and choosing of rights. We still have hope.”
ABSTRACT
Transgender individuals often face significant societal pressure to conform to traditional gender norms. The experiences of transgender people are shaped by intersecting identities, including race, class, sexuality, and disability. This paper analyses the rights of transgender persons in the light NALSA case. The Court recognized transgender persons as a "third gender" for the first time and affirmed their fundamental rights under the Indian Constitution. The judgment not only addressed the legal invisibility of transgender persons but also laid the foundation for their socio-economic inclusion. Consequential to NALSA case, The transgender persons (Protection of Rights) Act, 2019, was passed. The study tries to analyse the implementation gaps in the Act. Suggestions for improvement of the implementation, is also listed in this article. It highlights that the promise of equality remains "unfinished" until the legal framework shifts from formal recognition to functional empowerment.
