Transgender Persons (Protection of Rights) Act, 2019 - A Poisoned Chalice

Authors: Priyal Agrawal and Pragya Mishra, Students, NMIMS KIRIT P MEHTA SCHOOL OF LAW, Mumbai, India



Throughout the centuries, transgenders have been exposed to mental abuse and cruelty. Social stigma, bigotry, community and personal boycotts, lack of a supporting family, hostile environment, spouse and parental disowning, no means of employment, alienation among the transgender persons eventually leading them to medicate and sex work. Despite of transgender people's daily suffering and pain, there have been few things done over the years to relieve their challenges on basic necessities, such as healthcare, medical care and jobs. In order to empower the Transgender community, the Government has passed the Transgender Persons (Protection of Rights) Act, 2019. Although the Act is intended to support a Transgender community, the fundamental lack of understanding of current ground realities is strongly criticized. The present article critically analyzes the Act and presents a series of loopholes that makes this Act futile legislation. It also has taken consideration from the legislations in different countries regarding the protection of rights of transgender persons. In conclusion, the authors explained why they think that the Act is poisoned chalice.

Keywords: Transgenders, LGBTQ, self-determined identity, reservation, National Council for Transgender Persons, Marriage.


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