Legislative comment on The Transgender Person (Protection of Rights) Act, 2019

Author: Shivani, Student, UPES, School of Law, Dehradun, India



The enforcement of transgender persons (protection of rights) act 2019 resulted in creation of many complexions in the democratic India by various social security’s and infringes the right to privacy of transgender persons. Apart from transgender persons there are gender non-conforming people in India which is not mentioned in constitution of India or any of the separate acts. The main claims of this research were whether the act protects the rights of the transgender persons? Whether the penalties mentioned in the act are justified? The research reflects that transgender persons are part of country’s social and economic growth. This work attempts to solve the thin line of discrimination which differentiated between transgender, cisgender and sex. My findings indicate that there are several issues which are directly impacting the transgender persons in this specific Act. By researching the relationship between the act and the transgender persons it is evident that these people are not justified with the act. Legal research reflects that the three major concepts impacting on transgender persons are marriage rights, property rights and social security or pensions which may allow potentials in the legal responsibility. This research reflects in favor of the current provisions despite of the chapter’s III, and VIII indicating the changes that will impact the transgender person’s rights in a better way. A constitution is the powerful tool that can be used to shape up the rights of transgender persons and solve the complexities regarding the protection of transgender person’s rights.

Keywords: Transgender Persons Act, Safeguarding the Rights, Recommendations.


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