Shivi Chaddha & Akash, LL.B. (Integrated), Lucknow University, Uttar Pradesh
ABSTRACT
This research paper aims to bring into light the beautiful presence of the trans community in the history of India and to bring out the drawbacks present in the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020. Transgender Persons (Protection of Rights) Act, 2019 is a way forward for the welfare of transgender community and to treat them as a third gender for the purpose of safeguarding their rights in India. The law is a path breaking step. This Act was the first time when thy were treated as persons, that is the most important aspect of this Act. The paper starts with showing the presence of the trans community in our past and how their position degraded in our society with the passage of time and adversely affected their socio-economic conditions. The ancient Indian culture advocates equal treatment for the people of the Transgender community unlike the mindset prevailing in the Indian society of contemporary times. This equal treatment stems from the fact that India, in ancient times, had a three-way categorisation of gender whereas today we have reduced to a binary categorisation of gender. Further, the important provisions of the 2019 Act has been dealt in detail followed by the loopholes present in the Act of 2019. Furthermore, the Draft Rules of 2020 has been dealt with in detail which tried to build the gap prevailing in the 2019 Act. Lastly, the author has put some suggestions which could be incorporated for the upliftment of this marginalised community . Transgenders have played a significant role in the balance of human society and nature. They had their societies and lived together within marriage. In India, Transgenders are the most neglected group in society. They are often considered the objects of curiosity, exploitation and abuse.
Keywords: Transgender persons, Gender, Sex, Historical Development, Sex Reassignment Surgery, Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020.
