Transgender’s Rights In India: A Comparative Study
By Ayush Yadav, Faculty Of Law, Delhi University & Avani Verma, Gujarat National Law University.*
Abstract
This paper examines the complex legal, social, and cultural issues surrounding transgender individuals, focusing on the advancements and challenges in their quest for equality and recognition. The 2014 Supreme Court ruling in India, which upheld the right of citizens to select their gender identity irrespective of undergoing surgical procedures, marked a significant milestone in transgender rights. This decision, alongside the Transgender Persons (Protection of Rights) Bill of 2018, represents crucial steps toward legal recognition and protection against discrimination. However, the persistence of systemic discrimination and societal stigmatization continues to marginalize transgender individuals, particularly in areas such as healthcare, education, employment, and public spaces.
The paper also explores the ongoing confusion between transgender and intersex identities, highlighting the need for clear distinctions in legal and medical frameworks to address the specific needs of each group effectively. While both communities share struggles for bodily autonomy and recognition, their distinct challenges must be acknowledged to ensure appropriate legal protections and healthcare provisions.
A comparative analysis of international examples, including Nepal, Thailand, and Australia, provides insights into progressive legal frameworks that recognize and protect transgender rights. These examples serve as valuable lessons for countries like India, suggesting the adoption of best practices tailored to local contexts. Despite the progress made, the path to true equality for transgender individuals remains long and arduous. The paper concludes that continuous legal reforms, coupled with societal change, are essential to ensure that transgender persons can live with dignity and without fear of discrimination. The way forward demands a committed effort from all sectors of society to uphold the human rights of transgender individuals and foster an inclusive environment where gender diversity is celebrated.
* The author is pursuing PhD in Law from Faculty Of Law, Delhi University and the co-author has completed her LL.M. from Gujarat National Law University.
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