Interpretation Of Labour Laws Of Transgenders In India
- IJLLR Journal
- May 7, 2022
- 1 min read
Shivani Sangwan, Vivekananda Institute of Professional Studies, GGSIPU
ABSTRACT
“You may have to fight a battle more than once to win it.” - Margaret Thatcher
She elicited the transgender community’s underlying battle to affirm their presence, place, and potential in today’s society. Their origins are as old as man and woman, yet their acceptance in society remains an outlier belief. The supreme lex loci, which guarantees “justice, liberty, equality, and fraternity to all its citizens,” empowered state governments to protect and uplift the status of this community through Articles 14 and 21. Still, subsequent governments have failed to realize the true potential of these two Articles in protecting transgender people.
Throughout recorded history, trans individuals have existed in every race, class, and community. In the mid-1990s, a grassroots community of gender- different people coined the term “transgender.” In India, trans persons are divided into a variety of socio-cultural groups, including hijras, kinnars, and other identities such as shiv-shaktis, jogtas, jogappas, and so on. Despite recent progress for the LGBTQAI+ community, many transgender people believe there is still much more work to be done in the struggle for equality.
The paper highlights the discrimination faced by Trans persons in employment and provides an analysis of the labour laws enacted in favour of transgender employees.
