The transgender persons (Protection of Rights) Act, 2019 and the continued protest: What changes are required?

Mahaseth, Harsh and Agarwal, Vanshika (2021) The transgender persons (Protection of Rights) Act, 2019 and the continued protest: What changes are required? Bharati Law Review, 10 (2). pp. 152-160. ISSN 22786996

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Abstract

India, a nation that follows democracy as the root for governance, focuses that every citizen in the country is given equal rights and that they are provided justice through the means of the judiciary. If we read the laws mentioned in the Constitution of India, it can be cleared that the regulations are framed in a gender-neutral format. Indeed, even after taking these precautions, there were certain marginalized communities that were affected and were isolated from the society. The transgender community in India has faced and is still facing inequality in comparison to the binary genders. In antiquated Hindu sacred writings, the transgender community were known as 'hijra' in India and they were referred to as 'demigods' as it is written in different Hindu scriptures, yet with time, regard was lost and presently they need to carry on with a clandestine life. Indian culture has held this strain, on one hand that they needed their endowments in various services and then again, they excluded them in everyday life, driving them into prostitution and begging in the city. It was a direct result of this; the community became alienated from the rest of the nation. With time, people started to change their ideologies by becoming more understanding of the fact that there can be exceptions to the norms that the society mentions. Leaders wanted to make the transgender community more visible and therefore, certain bills were introduced in the Parliament. Deliberations and discussions took place, and finally, the Transgender Persons (Protection of Rights) Act, 2019 came into being. The authors intend to discuss the objectives and controversies related to the Act.

Item Type: Article
Keywords: Transgender persons (Protection of Rights) Act, 2019 | Protest | Community | Legislation
Subjects: Social Sciences and humanities > Social Sciences > Gender Studies
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 28 Feb 2022 05:50
Last Modified: 28 Feb 2022 05:50
URI: https://pure.jgu.edu.in/id/eprint/1389

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