TRANSGENDER PROTECTION ACT - ANALYSIS ON LACUNA IN IT.

Authors

  • Lakshmi Nair
  • Dr. P. Lakshmi Dean United School of Law, Karnavati University

DOI:

https://doi.org/10.29121/shodhkosh.v4.i2.2023.2961

Keywords:

Transgender Persons, Legal Protections, Discrimination, Human Rights, Social Justice, India, Policy Analysis, Lacunas, Inclusion, Equity

Abstract [English]

The Transgender Persons (Protection of Rights) Act, 2019, was enacted to protect the rights and dignity of transgender individuals in India. While the Act aims to address critical issues such as discrimination, education, employment, and healthcare, it has faced criticism for perceived inadequacies and inconsistencies in addressing the community's needs. This study critically analyzes the Act, focusing on its provisions, implementation challenges, and the gaps that undermine its effectiveness. Drawing from legal analyses, case studies, and inputs from the transgender community, the research aims to provide actionable recommendations to address these lacunas, ensuring the Act better aligns with the principles of equity and social justice.

References

Transgender Persons (Protection of Rights) Act, 2019.

National Legal Services Authority v. Union of India (2014).

The Yogyakarta Principles on the Application of International Human Rights Law.

Choudhary, Vivek. Transgender Rights in India: Challenges and Opportunities. Oxford University Press, 2021.

Reports from NGOs like Naz Foundation and Humsafar Trust.

Kulkarni, Arun. Human Rights and the Marginalized: A Focus on Transgender Persons. Sage Publications, 2019.

Joshi, Meera. The Legal Landscape of LGBTQ+ Rights in India. Eastern Book Company, 2020.

Pande, Ritu. "Transgender Welfare in India: Policies and Gaps." Indian Journal of Public Administration, 2022.

UNDP Report: Lost in Transition: Transgender Rights and Global Policy.

Winter, Bronwyn. Transgender Rights and Politics: Conversations on Law and Society. Routledge, 2017.

Menon, Nivedita. Seeing Like a Feminist. Zubaan, 2012.

Hijra, Serena Nanda. Neither Man nor Woman: The Hijras of India. Wadsworth Publishing, 1999.

Narrain, Arvind, and Gupta, Alok. Law Like Love: Queer Perspectives on Law. Yoda Press, 2011.

Misra, Anjali. Human Rights for LGBTQ+ Individuals in India. Bloomsbury Publishing, 2020.

Agarwal, Anuradha. “Understanding the Lacunas in Transgender Legislation in India.” Indian Journal of Law and Society, vol. 6, no. 3, 2021, pp. 23–42.

Balachandran, Smitha. “From NALSA to 2019 Act: Evaluating India's Transgender Rights Framework.” Economic and Political Weekly, vol. 55, no. 4, 2020, pp. 44–56.

Mukherjee, Samarpita. “Affirmative Action for Transgender Persons in India: A Comparative Study.” Journal of Human Rights and Social Justice, vol. 10, 2022, pp. 29–45.

Pandey, Ramesh. “Challenges in Implementing Transgender Rights in India.” South Asian Legal Studies Journal, vol. 8, no. 2, 2020, pp. 14–27.

National Human Rights Commission, India. Study on Human Rights of Transgender Persons in India, 2018.

United Nations Development Programme (UNDP). Hijras/Transgender Women in India: HIV, Human Rights, and Social Exclusion. 2010.

International Commission of Jurists. Living with Dignity: Sexual Orientation and Gender Identity-Based Human Rights Violations in India, 2019.

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Published

2023-12-31

How to Cite

Nair, L., & P., L. (2023). TRANSGENDER PROTECTION ACT - ANALYSIS ON LACUNA IN IT. ShodhKosh: Journal of Visual and Performing Arts, 4(2), 1789–1796. https://doi.org/10.29121/shodhkosh.v4.i2.2023.2961