Interrelationship of legal gender identity and the right to health of transgender persons in India

Upadhyay, Amit and Tayenjam, Arvind (2024) Interrelationship of legal gender identity and the right to health of transgender persons in India. In: Contested Equality. Edward Elgar Publishing Limited, Cheltenham, pp. 182-202. ISBN 9781035325764

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Abstract

Transgender persons are exposed to chronic health problems, often resulting in increased risk of mental illness, substance abuse, physical violence and sexual violence, coupled with specific challenges and inequalities in accessing healthcare. Such disparities are further exacerbated by COVID-19, especially in countries where transgender persons are still fighting for recognition of legal identity, protection, and equitable treatment. The chapter analyses the interconnection of a transgender person’s right to health with their legal gender identity in India under the Transgender Persons (Protection of Rights) Act, 2019. The legislation relies on biological parameters to determine the transgender identity of a person, violating their right to bodily autonomy, self-identification and self-determination. The chapter argues that laws and policies protecting transgender persons should be non-discriminatory, reaffirming the community’s faith in accessing healthcare in an inclusive and culturally competent manner by critically addressing their concerns regarding self-determination.

Item Type: Book Section
Keywords: Tansgender | Gender identity | Self-determination | Recognition | Right to health
Subjects: Social Sciences and humanities > Social Sciences > Gender Studies
Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Arjun Dinesh
Date Deposited: 27 Dec 2024 08:24
Last Modified: 27 Dec 2024 08:26
Official URL: https://doi.org/10.4337/9781035325771.00019
Funders: University Research Priority Program (URPP) Equality of Opportunity of the University of Zurich
URI: https://pure.jgu.edu.in/id/eprint/8921

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