Perpetuating discrimination through legislation: A study of the Transgender Persons (Protection of Rights) Act, 2019

Videh, Ashnee (2022) Perpetuating discrimination through legislation: A study of the Transgender Persons (Protection of Rights) Act, 2019. Jus Corpus Law Journal, 3. pp. 158-167. ISSN 2582-7820

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Abstract

The Transgender Persons (Protection of Rights) Act, 2019' which was released in the interest of the transgender community fails to meet its objective as is evident from the widespread discontent of the transgender community. The law through this Act is reconstructing society in its own perception and confirming the normality of the idea of the gender binary, thus, creating a gap between the impact of the law and the intention of the legislators.2 This Act is a form of indirect institutional discrimination as it only deals with the symptoms of the discrimination faced by the transgender community rather than understanding them and addressing the cause of their discrimination.3 This paper analyses how the Transgender Persons Act fails to ensure equality and is ineffective in protecting transgenders against discrimination, in the light of legal pluralism and the intersections between the social' and 'legal' dimensions of social life.

Item Type: Article
Keywords: Self-Determination | Reservation | Sensitization | Hijras.
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 28 Feb 2023 06:48
Last Modified: 28 Feb 2023 06:48
URI: https://pure.jgu.edu.in/id/eprint/5636

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