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