Abstract:
The Transgender Persons (Protection of Rights) Act, 2019 was a landmark legislative
step in India aimed at addressing the historical injustices and systemic
discrimination faced by trans gender individuals. By affirming the rights to selfidentification,
equality, and access to healthcare, education, and employment,
the Act sought to promote inclusion and social justice. However, its implementation
has been met with significant criticism and challenges. This research critically
analyzes the Act's provisions and their real-world implications, focusing
on its impact on the lives of transgender individuals. It examines key areas
such as the recognition of self-perceived gender identity, the establishment of
grievance redressal mechanisms, and the effectiveness of institutional support
structures. Furthermore, the research highlights the Act's shortcomings, including
ambiguities in defining critical terms, the inadequacy of punitive measures
against discrimination, and its reliance on a certification process perceived as
invasive and restrictive by many in the trans gender community.
Drawing on legal analysis, empirical studies, and stakeholder interviews, this
study evaluates whether the Act has flilfilled its intended purpose of empowerment
and social integration. It also explores alternative legislative and policy
frameworks that could address the Act's deficiencies. By providing a comprehensive
critique, this research aims to contribute to the discourse on transgender
rights in India and suggest pathways for creating a truly inclusive legal and
social environment.
