Reforming Indian Labour Law For Inclusive Recognition Of Transgender Rights
- IJLLR Journal
- 49 minutes ago
- 2 min read
Mann Parashar, The London School of Economics and Political Science
Introduction
India is a binary nation. This, in effect, implies that the nation’s law and society is exclusively oriented around two genders, male and female. Transgender rights discourse has acquired a more central role to occupy in our society, and some take on the task to cover up the legal frameworks and social norms that normalise and perpetuate systemic discrimination and marginalisation. India counts more than 4.8 lakh transgender individuals in the 2011 Census though many unfettered transgender people stay in the shadows owing to pressure from society. As it stands in India, the transgender community’s struggles are distinct from those of other groups facing discrimination, as social attitudes run deep and a comprehensive legal framework to protect them from discrimination in labour laws and elsewhere is incomplete.
In India, different socio cultural groups to which transgender persons belong are hijras, kinnars, shiv shaktis, jogtas, jogappas and others having different traditions and roles in society. Though there have been strides in the comparison of LGBTQIA+ rights, many people believe that there is still a long way down the line on transgender equality. There remains a problem of discrimination in employment, healthcare, education, and in the legal recognition of individuals. Despite legal victories such as the NALSA v. Union of India judgment and the passage of the Transgender Persons (Protection of Rights) Act, 2019, the community still faces systemic barriers and social stigma. To guarantee a full participation and dignity for transgender persons in all fields of life, greater awareness, policy reforms and legal protections are required.
This paper is about transgender folks, and their different ways of reproduction and the right to make choices about their own body. It then delves into Indian labour laws and the way in which these ignore transgender needs and rights in terms of employability, workplace discrimination, access to medical and maternity benefits amongst others, amongst the other aspects.
