Critical Analysis of Transgender Persons (Protection of Rights) Act, 2019 (Paper)
- Amaral Singh, UPES Dehradun
- November 12, 2020
Content :
Transgenders have been part of Indian society for centuries. The rights of transgender persons had been suppressed by the antiquated and anachronistic British era laws in India. After the enactment of the Constitution of India, sexual minority has waited long enough for recognition of their identity and rights. They have been subjected to discrimination, harassment and treated as second class citizens.
In the case of NALSA v. Union of India the Supreme Court recognized the transgender people as "third gender". Further, part of Section 377 of the Indian Penal Code 1860 was decriminalized which prohibited consensual sex between homosexual couples in the case of Navtej Singh Johar v. Union of India. This led to the drafting of Transgender Act, 2019 which was eventually passed and received the assent of the President.
The article aims to critically analyze the Act and shed light on the critics as it has failed to identify and solve the problems of the community. The methodology deployed will be doctrinal for which various sources such as books and internet will be referred for the article.
