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Transgender And The Right To Employment In India: Opening The Doors Of Opportunities




Archana Kumari, Assistant Professor, Amity University Patna & Vandana Kumari, Guest faculty of law, Patna University

ABSTRACT

The framers of the Indian Constitution, while formulating it, envisaged that future India would nurture such a society where there would be no discrimination on the basis of caste, religion, colour, sex, region etc. To this, the Indian constitution claims to provide equal opportunity and rights to every citizen. But in the context of Transgender, this does not seem to be reality.

In this sense, India currently appears to be lacking a well-defined anti-discrimination employment framework in favour of the transgender communities.

Although the effort of the Supreme Court and the Government of India has taken a positive step to enhance the livelihood conditions of the transgender communities, it must be mentioned that this recognition is not ample to solve the problem. The right of employment and recognition in the matters of public employment is one of the most essentials that the transgender community still requires.

The present article is an attempt to discuss about the rights of employment of transgender in India. The article will further discuss about the Transgender Persons (Protection of Rights) Act, 2019. In the end, it will also suggest some measures that should be followed for enforcing the ‘Right to Work,’ especially concerning the transgender community.

Keywords: Transgender, Right to work, employment, recognition.

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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​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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