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The Transgender Persons (Protection Of Rights) Act, 2019 - A Legislative Review





Aashita Nair & Ria Mishra, Symbiosis Law School, Pune, Symbiosis International (Deemed) University


ABSTRACT


The Transgender Persons (Protection of Rights) Act, 2019 was a consequential stride towards protection and welfare of transgender persons, promotion of transgender rights, and gender sensitization in India. The Act covers different aspects of the lives of transgender persons and aims to uphold their fundamental rights. In this paper, the authors have attempted to analyse, review and examine its constitutional validity, ability to keep abreast with the social, economic and political developments in India from a legal lens, and also educate the readers about the historical position of such persons in the pre-British era, a decline in their overall status coupled with discrimination and degradation in the British-era and eventually the concretisation of the NALSA judgement through this Act. This paper ends with well-reasoned constructive criticisms followed by a set of feasible recommendations for achieving the bona fide objectives of this Act.


Keywords: transgender persons, discrimination, rights, equality.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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