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Analysis Study Research Paper | Law | India | Volume 12 Issue 5, May 2023 | Popularity: 5.4 / 10

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Critical Analysis of Transgender Persons (Protection of Rights) Act, 2019

Aishwarya Bhi Malli

Abstract: Transgender people have been part of Indian society for centuries. The rights of transgender people have been suppressed by antiquated and antiquated British - era laws in India. Since the Indian Constitution came into force, a sexual minority has waited long enough for their identity and rights to be recognized. They were discriminated against and harassed and treated as second - class citizens. In the case of NALSA. v. Union of India (Navtej Singh Johar.v.Union of India AIR 2014 SC 1863) the Supreme Court recognized transgender people as "third gender". Further, part of Section 377 of the Indian Penal Code 1860 was decriminalized which prohibited consensual sex between homosexual couples in the case of Navtej Singh Johar. v. Union of India (National legal State Service Authority. v. Union of India AIR 2018 SC 4321). This led to the drafting of the Transgender Law of 2019, which was eventually passed and received Presidential approval. The article aims to critically analyze the law and shed light on the criticism for failing to identify and resolve the community's problems. The methodology used will be doctrinal, so the article will refer to various sources such as books and the Internet.

Keywords: Transgender, Discrimination, Harassment, consensual, prohibited

Edition: Volume 12 Issue 5, May 2023

Pages: 470 - 475

DOI: https://www.doi.org/10.21275/SR23505172446

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