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Paper Details
Paper Code: AIJACLAV1RP2024
Category: Research Paper
Date of Submission for First Review: May 16, 2024
Date of Publication: December 11, 2024
Citation: Dr. Priyanka Mohod & Ms. Ananya Bose, “Towards Gender Justice: The Quest for Transgender Equality in India", 4, AIJACLA, 1, 1-11 (2024), <https://www.aequivic.in/post/towards-gender-justice-the-quest-for-transgender-equality-in-india>
Author Details: Dr. Priyanka Mohod, Assistant Professor of Law, HNLU Raipur &
Ms. Ananya Bose, Student, HNLU Raipur
Abstract
“A gender-equal society would be one where the word ‘gender’ does not exist: where everyone can be themselves.”
- Gloria Steinem
The morality of different societies for a long time recognized only two gen-ders, male and female. Hence, those who transgressed from this gender norm were given an umbrella term, transgenders. In India, this binary perception persists, exacerbating the challenges faced by the transgender community. India's transgender population continues to struggle with achieving gender justice, which results in their ongoing marginalization and exclusion. Transgender individuals in India because of the cultural norms like stigma towards the community, tradition gender roles, religious beliefs and taboos face multifaceted challenges across social, economic, and healthcare domains. Discrimination and marginalization results in economic vulnerability, compelling many to resort to begging or engaging in sex work to sustain themselves. This intersection of marginalization and economic instability leads to a cyclical pattern of social exclusion and exploitation, thereby increasing the adversities faced by the transgender community. Though the Constitution of India has prohibited discrimination of all sort, it was not until 1994, that the transgender got the basic human right to vote and not until 2014, that the transgenders were legally recognized as third gender recognized through the NALSA judgement.
This paper highlighting the historical background and growth of the transgender people and delves into the issue of transgender in relation to gender justice within the framework of the Constitution of India. It critically examines whether the legal recognition and laws have changed the plight of the community or is there still a long way to achieve justice for the transgender?
Keywords
Transgender, Legal and Constitutional Provi-sions, Development and Challenges, Discrimina-tion and Inequalities.
Introduction
Gender justice is the fundamental aspect of any democratic society which advocates for dignity, equality and fair treatment to every individual irrespective of their gender identity.[1] In the current scenario, transgender rights have emerged as a significant point of discussion from the point of view of human rights and social justice in the society.[2]
Historically speaking, the transgender community has played a diverse role in the Indian society, which contributed to the Indian culture and traditions. However, with the beginning of the colonization era, the transgender communities were subjected to discrimination and violence. Despite facing such adversities, they did not lose home and continued to assert their dominance demanding a change in the social landscape.
In respect to the historical injustice that was faced by the community, specifically in India, after independence, with making of the Constitution, witnessed prominent development in protecting the rights of transgender. The Constitution established the principles of equality and non-discrimination, which became a starting point for the enforcement of transgender rights. Landmark rulings, such as the NALSA v. UOI 2014, helped in further asserting their rights.
Moreover, achieving transgender equality requires efforts from multiple domains, including policy formulation, advocacy, and community empowerment. Civil society organizations, human rights activists, and transgender-led movements play vital roles in amplifying voices, challenging systemic injustices, and advocating for meaningful change. These organizations actively promote a society that is more equitable and inclusive of every person, irrespective of their gender identity.
When addressing the intricacies of transgender equality in India, it is crucial to acknowledge the various forms of oppression that influence transgender individuals' lives. Intersectionality, a concept explored by feminist scholars, highlights the interconnections between different types of discrimination based on race, class, sexuality, and other social categories. Transgender individuals belonging to marginalized communities, including Dalits and religious minorities, frequently face multiple layers of discrimination.[3] This underscores the importance of adopting intersectional strategies in advocacy and policy development.
Moreover, the pursuit of transgender equality connects with wider discussions on sexuality, bodily autonomy, and social justice. Gender identity discussion demands a reevaluation of traditional views on sex and gender, prompting an analysis of societal ideas of masculinity and femininity. Advocates for transgender rights aim to deconstruct systems of oppression, promoting inclusivity and empowerment for diverse gender identities.
When addressing the intricacies of transgender equality, it is crucial to embrace an inclusive and participatory approach that prioritizes the perspectives and experiences of transgender individuals. Discussions on transgender rights frequently center on cisgender viewpoints, neglecting the complex realities of transgender lives.[4] It is crucial to prioritize transgender voices in advocacy efforts and policy-making processes to ensure that solutions are tailored to the diverse needs and aspirations of transgender communities.
HISTORICAL GROWTH OF TRANSGENDER COMMUNITY IN INDIA
i) Before Independence
Ancient Period
Historical records from ancient India acknowledges the individuals who deviated from the conventional male and female gender classifications, also known as the “third gender.” The notion of “napumsaka”( referred to the lack of procreative capacity) or “tritiyaprakriti” had long been a fundamental component of Hindu folklore, epic, early Vedic, and Puranic texts. Thus, a number of the earliest texts addressed sexuality and the concept of a third gender in considerable depth, a concept that was already well-established at the time. Indeed, the Jain text refers to the notion of “psychological sex,” which placed emphasis on an individual's psychology i.e the gender they perceive themselves to be as separate and distinct from their physical sexual attributes. In the epic Ramayana, as Lord Rama, who had been exiled from the kingdom for fourteen years, was departing in the forest, he turned around to his followers and urged them to return to the city, both men and women. Only the hijras among his adherents felt obligated in this direction and chose to remain with him. In recognition of their unwavering allegiance, Rama granted them the authority to bestow blessings upon individuals on momentous occasions such as matrimonial unions and childbirth, as well as at inaugural functions. This ceremony was intended to inaugurate the badhai tradition, during which hijras participate in dancing, singing, and bestowing blessings. In the Mahabharata, Aravan, the progeny of Arjuna and Nagakanya, proposed to be sacrificed to Goddess Kali in exchange for guaranteeing the Pandavas' triumph at the Battle of Kurukshetra. However, he stipulated that he must be wedded for the final night of his life. As no woman was willing to wed a man destined to die, Krishna disguises himself as Mohini, an attractive woman, and enters into matrimony with him. The Hijras residing in Tamil Nadu trace their lineage back to Aravan and refer to themselves as Aravanis.[5] Hence, we find that in ancient India, in our scriptures, books, painting etc., we find various references of transgender community.
Medieval Period
Prominent positions were occupied by hijras in the royal palaces of the Islamic world, especially during the Mughal and Ottoman empires in mediaeval India. They attained renown for assuming prominent roles such as administrators, political advisors, generals, and harem guardians. Hijras, who were regarded as wise, trustworthy, and passionately devoted, were granted unrestricted entry to all regions and segments of society. As a result, they played a pivotal role in the empire-building politics of the Mughal era. The Hijras held prominent positions within Islamic religious institutions, particularly in the protection of the holy sites of Mecca and Medina.[6] As entrusted individuals, they had the ability to sway state decisions and were compensated generously for their proximity to monarchs and queens. Thus, hijras often describe the significance of their status during that time period.
Modern Period
During the early British colonial period, hijra individuals demanded protection and advantages from certain Indian states by coming together into the hijra community. However, the British legislation ultimately eliminated the benefits, which included the provision of land, food rights, and a lesser sum of money from agricultural households in the identical area. This was due to the fact that the land was not inherited through blood relations.[7]
Since the advent of colonial rule in the eighteenth century, the circumstances saw an enormous shift. Early European travellers resented the appearance of Hijras and unable to comprehend why they were given such honour in royal courts and other establishments. During the latter part of the 19th century, the British colonial administration exerted considerable effort to criminalise and deny civil rights to the hijra community. The colonial administration classified Hijras as a separate group or tribe residing in various regions of India. The Criminal Tribes Act of 1871[8] established that no eunuch shall adopt son, make a will or gift or act as a guardian to a person who is not a major yet. Non adherence of the same carried a maximum sentence of two years in prison, fine, or both. The pre-partition era significantly shapes the uncertain circumstances that hijras face in the present day.
ii) Post-Independence
In the post-independence era, the transgender community has experienced both advancements and challenges in its historical development. Despite the transgender community in India having a significant historical presence that spans several centuries, measures to acknowledge their rights and requirements did not materialise until the latter part of the 20th century. Prominent statutes, regulations, and legal precedents have all contributed substantially to the improvement of status of transgender in our society. The legislation sought to protect the rights of transgender the Transgender Persons (Protection of Rights) Act, 2019, through prohibiting discrimination and guaranteeing access to welfare provisions. Moreover, a turning point was reached in the 2014, in the case of, National Legal Services Authority v. Union of India, wherein the Supreme Court of India recognised the existence of a third gender for transgender people, thereby affirming their constitutional rights and mandating welfare measures from the government. Increasing acceptance and consciousness are reflected in the existence of policies such as the NALSA judgement, implementation Plan and the incorporation of transgender rights into numerous national policies, including the National Health Policy of 2017. Another significant legal development is the Navtej Singh Johar v. Union of India (2018) case, in which the Supreme Court rendered a verdict decriminalising homosexuality. This ruling indirectly advantages the transgender community as it confronts established societal conventions and biases. Notwithstanding these progresses, obstacles exists, which includes prejudice, social exclusion, and inadequate healthcare and social support networks. On the contrary, a progressive trend towards acceptance and empowerment is seen through grassroots activism, and the growing prominence of transgender individuals across varied domains, for instance, Satyashri Sharmila, who is the first transgender lawyer to get enrolled in 2018[9]. In the ongoing transformation of India, it is imperative to address the historical marginalization of transgender individuals and advocate for their complete rights and participation, as this is fundamental to the nation's pursuit of social justice and equality.[10]
NALSA V. UOI: CONSTITUTION AND TRANSGENDER
The fundamental principle of the Constitution of India (Articles 14, 15, 16, 19, and 21) is that every citizen, regardless of race, caste, religion, community, social standing, or gender, should have an equal opportunity to experience life and development.
The Indian legal system's failure to acknowledge the Third Gender has led to the systematic denial of equal protection under the law and to the socioeconomic discrimination in both Indian workplaces and society as a whole. In the National Legal Services Authority vs. Union of India[11] case, the Supreme Court of India declared transgender individuals to be the “Third Gender” for the purposes of the Indian constitution and laws passed by the parliament and state legislatures, as opposed to the predominantly binary nature of Indian legislation, which recognizes only male and female genders. [12]
Giving each of the fundamental rights of the Indian Constitution a broad perspective, the court found as follows:
i) Article 14 of the Constitution of India
In the Court's analysis, the central point of contention was the use of the term person in Article 14. According to the Court's interpretation in this case, person includes more than just the traditional genders of men and women from the Victorian era, but also includes genders beyond the binary classification. As a result, the Court determined that transgender people have a right to the same legal protection and equality as people of other genders.[13]
i) Articles 15 and 16 of the Constitution of India
Articles 15 and 16 were interpreted by the Court to encompass the prohibition of gender bias and gender-based discrimination under the term 'sex'. The judgement delves into the intention of the Constitution makers which was to prevent discrimination based on gender stereotypes. The case recognises the legal right of transgender people to secure entry into public spaces, in addition to receiving reservation in educational establishments and public offices as belonging to socially and educationally disadvantaged groups.
ii) Article 19 of the Constitution of India
The court firmly established that only restrictions specified in Article 19(2) can be imposed and no as such restrictions may be imposed on personal expression, mannerism, and clothing. Two foreign court decisions—City of Chicago v. Wilson et al.[14] and Doe v. Yunits et al.[15]—were heavily cited in the argument. The significance of privacy, self-identity, and gender expression as they pertain to cross-dressing is examined in these cases.[16]
iii) Article 21 of the Constitution of India
The drafters of the Constitution had a specific goal in mind when they included Article 21, which is considered the cornerstone of the Indian Constitution. Every individual is entitled to the right to live with dignity, regardless of gender.[17]Also, self-perceived gender identity and expression, which are fundamental for leading a dignified life, are regarded as components of the right to life.
The NALSA judgement, demonstrated transformative constitutionalism by emphasising the significance of interpreting the Constitution as a living document in light of the present sociopolitical scenario. As a fundamental component of the right to dignity and liberty, the ruling underscores the significance of legally acknowledging gender identity. Furthermore, it emphasises that gender self-determination is an essential element of individual liberty, self-expression, and personal autonomy, all of which are safeguarded by Article 21.
When instructing the states to carry out their responsibilities, the Supreme Court in the NALSA case cited DPSPs, specifically Article 51 pertaining to international law emphasing on the requirement of the countries International obligations with regards to the rights of its citizens. DPSPs are not subject to judicial review, yet they hold significant relevance. The NALSA judgement reflects the Court's strong commitment to promoting equity as a top priority.[18]
ANALYZING THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS), 2019
The Indian Parliament passed the Transgender Persons (Protection of Rights) Act, 2019 in an effort to advance the welfare of transgender people in the country. On July 19, 2019, the Ministry of Social Justice and Empowerment introduced the bill in the lower chamber of Parliament. Tiruchi Siva, a member of Rajya Sabha, introduced the Rights of Transgender Persons Bill in 2014 in his capacity as a private member. The Bill was effectively ratified in the Rajya Sabha in 2015. Unfortunately, the Bill's discussion in the Lok Sabha was delayed, which has resulted in its continued deferred status in the Lok Sabha. The NALSA judgement was a writ petition that was filed concurrently with the Supreme Court of India. In August 2013, in accordance with a directive from the Supreme Court, the Ministry of Social Justice and Empowerment instituted an Expert Committee for transgender rights. The report of the committee was officially published in January 2014.[19] The Transgender Persons (Protection of Rights) Bill, 2016 (Bill No. 210 of 2016) was subsequently introduced by the government on August 2, 2016.A number of provisions in the 2016 bill were deemed to be regressive in nature in comparison to those found in the private bill of 2014. Furthermore, it had disregarded a multitude of suggestions proposed by the Expert Committee. The Bill got strong disapproval from legal experts, activists, and members of the transgender community in India. As a result of the opposition, the Bill was referred to the Standing Committee in September 2016. In July 2017, the report was submitted by the Standing Committee.[20] A revised version of the Bill was introduced and endorsed by the Lok Sabha in December 2018, notwithstanding the disregard for a number of recommendations proposed by the Standing Committee. The legislation was ratified in Parliament on November 26, 2019, even though there was substantial opposition, and went into force on January 10, 2020.[21]
There are numerous loopholes present in the Act. It does not meet the expected standards. The Act fails to address several recommendations put forth by the Standing Committee and Expert Committee. It has also failed to include the principles established in cases such as National Legal Services Authority v. Union of India, Justice K. S. Puttaswamy (Retd.) & Anr. v. Union of India[22] & Ors. and Navtej Singh Johar v. Union of India[23].
i) Certification issue
The bill was criticised in 2016 for its proposal to establish “screening committees” with the purpose of identifying transgender individuals. While the 2019 Act does not incorporate provisions for “screening committees,” it does mandate that transgender individuals submit an application to the District Magistrate for a certificate.[24] Indicating the gender, the District Magistrate shall proceed in accordance with the prescribed procedure.[25] It is reasonable to assume that the District Magistrate will consult medical professionals when issuing the certificate. A “revised certificate” must also be requested from the District Magistrate by a transgender individual undergoing a sex-change operation, as mandated by the Act. The individual must obtain a surgery certification from the Medical Superintendent or Chief Medical Officer of the institution where the procedure was conducted in order to obtain the amended certificate. A revised certificate will be issued by the District Magistrate subsequent to a verification process that ensures the certificate issued by the Chief Medical Officer is accurate. Though indirectly but the Act contains a screening procedure for issuance of the certificate to transgender individuals which is a violation of their fundamental rights.[26]
ii) Issues with Terminology
The Act lacks awareness of the diversity that exists among transgender individuals. The Bill provides a definition for transgenders in two distinct sections. Part I defines a “transgender person” in section 2(k)[27] as an individual whose gender does not match their biological sex. The group includes transgender men and transgender women. The definition of individuals with intersex variations is encompassed in Part II. Due to the fact that intersex individuals may or may not identify as transgender, the inclusion of intersex individuals in the category of “transgender persons” gives rise to concerns.[28] As stated in the report of the Standing Committee, the 2016 Bill lacked protection and inclusion for intersex persons. Therefore, a proposition was made to rename the legislation as “The Transgender and Intersex Persons (Protection of Rights) Bill, 2016.” However, the Ministry replied that altering the title of the Bill would not result into any advantageous outcomes, given that the Bill itself utilises the umbrella term “Transgender.”
iii) Reservations in Educational Institutions
The NALSA judgement established that the Central and State Governments must recognize e transgender individuals as socially and academically disadvantaged individuals, and grant them reservations in public appointments and educational institutions. The Expert Committee recommended that, among other amenities, the government provide scholarships, fee exemptions, and hostel accommodations. The Act mandates that academic establishments provide transgender individuals with opportunities for sports, and recreational activities, in addition to inclusive education, without any discriminatory practices.[29] The act does discuss the “inclusive education system” but does not address how to support trans children in educational institutions.
iv) Sexual Abuse against transgender community
An important drawback of the Act is that, in comparison to the Indian Penal Code[30], the punishments for rape and assault against members of the transgender community are shortened. Sexual assault against women has a substantially different punishment than for the transgender individuals. As per the provisions of the legislation, those convicted of perpetrating sexual abuse against a transgender individual are subject to a prison sentence ranging from six months to two years, in addition to a monetary penalty.[31] However, sexual offences committed against cisgender women ,in IPC, carry more severe penalties, which may even be life imprisonment. Contrarily, treating binary and non-binary individuals differently violates Article 14 of the Constitution.
v) Welfare measures for transgender community
It is stated in Chapter IV[32], entitled “Governmental Welfare Measures,” that the government should implement welfare initiatives and measures to integrate transgender individuals into society. With the exception of creating the National Council for Transgender Persons, the Act provides no explicit direction regarding the actions that ought to be taken by the government or delineates the jurisdictions in which welfare initiatives ought to be carried out. The Council is commonly perceived as a sizable bureaucratic organization lacking any enforcement capabilities.[33] There are provisions for the establishment of Transgender Welfare Commissions, however, only 12 states till now, have formed the welfare board .[34]
CONCLUSION AND SUGGESTIONS
In order to ensure that the transgender community attains comprehensive gender justice, it is essential to implement a holistic approach that comprises legal reforms, public awareness campaigns, judicial interventions, and strong government policies.
i) Legal Reforms
Reforms from time to time, such as amendments to the Transgender Persons (Protection of Rights) Act of 2019, are important. The amendments should be brought and should focus on the significance of recognising gender identity via self-identification, without requirements of surgical procedures or medical certification. Moreover, to protect the transgenders from prejudice and discrimination, it is important that more comprehensive anti-discrimination laws are made with regards to housing, employment, education, healthcare, and public services.
ii) Role of media and educational institution
It is essential to implement innovative strategies in order to increase public awareness and promote a culture of inclusion. It is not sufficient for educational initiatives to exclusively focus on raising consciousness regarding transgender rights. This could be done through incorporating interactive elements such as seminars and community dialogues in order to cultivate empathy and comprehension. To promote values of acceptance and respect from an early age, schools can develop an inclusive curriculum that addresses transgender issues. Additionally, perspectives in the society are highly impacted by the manner in which the media presents them. Consequently, it is critical to support initiatives that promote accurate and positive portrayals of transgender people in various media platforms.
iii) Role of judiciary
Judiciary has always played an important role in the promotion of justice and safeguarding of the rights of transgender individuals. Courts has the ability to contribute immensely to the rights of the transgender through decisions and orders that set benchmarks for the protection of transgender rights and the advancement of legal equality.
Special tribunals to handle the case of violence, harassment and discrimination against transgender individual may be set up in order to facilitate the legal proceeding and ensure speedy justice to them. Along with this, initiatives such as legal aid and support services .according to their requirements and needs should be provided to improve the accessibility of justice for transgender individuals.
iv) Governmental policies
In a welfare state, governmental policies are of utmost importance in order to address the various barriers that are faced by the transgender community. There is a need to ensure transgender-inclusive healthcare services, including hormone therapy, gender-affirming surgeries, and mental health support which would help in the betterment of their health.
Also, in order to achieve and promote employment opportunities for the transgender, various initiatives such as the adoption of affirmative action policies, the encouragement of companies to employ transgender individuals, and the eradication of workplace discrimination may be adopted.
Additionally, to address the issues of homelessness and financial hardships among the transgenders , special welfare measures such as housing and social welfare programs tailored to the particular needs of transgender individuals, should be taken up by the government.
v) Other Welfare measures
In order to achieve equality for the transgender community, empowerment is important. This could be achieved through initiatives for the improvement of skills by means of skill development, entrepreneurship training, and transgender-specific employment support programmes.
Furthermore, in order for them to overcome the social barriers and live good life , establishing community centres and support networks that provide counselling services, legal aid, and vocational training can effective.
Additionally, leadership development initiatives should be brought by the government and NGOs to support the advocates of transgender rights and leaders who can use their voice to promote the welfare of transgender and ensure greater participation in decision-making procedures.
In order to achieve the goals of these initiatives, collaboration among stakeholders is essential. It is crucial that government agencies, civil society organisations, legal experts, healthcare professionals, media stakeholders, and transgender community leaders work together to resolve the complex issues facing the transgender community. Our objective is to cultivate a society that values and honors the transgender individuals through the collaborative endeavors of various stakeholders.
The progress in achieving gender justice and transgender rights in India has reflected on the resilience, activism and change in the legal framework that has influenced our idea of human rights. After years of struggle, the transgender community has become a significant advocate for acknowledgment, respect, and integration into society.
The Supreme Court has helped in advancing the rights of the community with its landmark judgements such as the NALSA case. The legislative measures such as the Transgender Act of 2019 has showcased significant progress in order to achieve the transgender rights. However, there is a still a long way to achieve equality for the community in its full sense since the enforcement of these laws continues to face obstacles such as social stigma, administrative obstacles, and insufficient resources[35]. The concept of achieving gender justice doesn’t just include the legal acknowledgement but it also involves socio-economic empowerment, healthcare access, education, and employment opportunities.
Achieving gender justice for the community requires a comprehensive strategy which would involve elimination of discrimination and empowering the individual to live authentically and with dignity. This would involve the cooperation and collaboration from all the three organs of the government along with the civil society, and the transgender community, and a dedication to questioning deeply rooted prejudices and norms.
Currently, India is on its route to achieve gender justice with various obstacles on its way is at a crucial point where focused actions can lead to a fairer and equal society. India has the capability of changing itself into a global leader in gender justice by embracing diversity, challenging stereotypes, and upholding the inherent dignity of all individuals, both within its borders and on the global stage[36].
[1] Roodra H, ‘Gender Justice and Equality’ (Times of India Blog, 29 April 2023) <https://timesofindia.indiatimes.com/readersblog/gender-justice-and-equality/gender-justice-and-equality-53187/> accessed 7 March 2024
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[3] Maniyar Z, ‘Reflecting on Transgender Rights in 2023: Have Legal Recognition and Advocacy Efforts Broken the Cycle of Discrimination and Ostracism?’ (CJP, 31 March 2023) <https://cjp.org.in/reflecting-on-transgender-rights-in-2023-have-legal-recognition-and-advocacy-efforts-broken-the-cycle-of-discrimination-and-ostracism/> accessed 7 March 2024
[4] Mugloo S and Rafiq S, ‘“They Thought I Was a Curse”: Trans Voices from India’ (openDemocracy, 7 April 2023) <https://www.opendemocracy.net/en/5050/india-transgender-discrimination-health-gender-affirmation-surgery/> accessed 7 March 2024
[5]Pattanaik D, ‘Trans Lore: History of Transgender Representation in Indian Scriptures’ (Outlook India, 4 September 2023) <https://www.outlookindia.com/books/trans-lore-history-of-transgender-representation-in-indian-scriptures-magazine-314667> accessed 7 March 2024.
[6] Ariba, ‘Explained: A Brief History of India’s Transgender Community’ (The Indian Express, 10 July 2023) <https://indianexpress.com/article/explained/explained-culture/starbucks-history-transgender-community-india-8616767/> accessed 7 March 2024
[7] Hylton S, Gettleman J and Lyons E, ‘The Peculiar Position of India’s Third Gender’ (The New York Times, 17 February 2018) <https://www.nytimes.com/2018/02/17/style/india-third-gender-hijras-transgender.html> accessed 7 March 2024
[8] The Criminal Tribes Act 1871, s 29
[9] ‘Sathyasri Sharmila Becomes India’s First Transgender Lawyer, Registers with Madras Bar Council’ (India Today, 30 June 2018) <https://www.indiatoday.in/fyi/story/sathyasri-sharmila-india-first-transgender-lawyer-bar-council-of-tamil-nadu-and-puducherry-1274204-2018-06-30> accessed 8 March 2024
[10] Michelraj M, ‘Historical Evolution of Transgender Community in India’ (2015) 4 Asian Review of Social Sciences 17
[11] NALSA v. UOI, [2014] SC 1863
[13] Tibrewala MxM, ‘Realising the Promise of Legal Inclusion of Transgender Persons in Nalsa’ (Law School Policy Review & Kautilya Society, 23 May 2023) <https://lawschoolpolicyreview.com/2023/05/24/realising-the-promise-of-legal-inclusion-of-transgender-persons-in-nalsa/> accessed 7 March 2024
[14] City of Chicago v. Wilson, 44 Ill. App. 3d 620, 357 N.E.2d 1337 (Ill. App. Ct. 1976)
[15] PAT DOE v. YUNITS, No, No. 001060A (Mass. Cmmw. Feb. 26, 2001)
[16] Kothari J [2020] TRANS EQUALITY IN INDIA: AFFIRMATION OF THE RIGHT TO SELF- DETERMINATION OF GENDER 550
[17] Bhatia G, ‘NALSA v. UOI: The Supreme Court on Transsexuals, and the Future of Koushal v. Naz’ (Indian Constitutional Law and Philosophy, 15 April 2014) <https://indconlawphil.wordpress.com/2014/04/15/nalsa-v-uoi-the-supreme-court-on-transsexuals-and-the-future-of-koushal-v-naz/> accessed 7 March 2024
[18] Khanna A and Sawhney D, ‘Nalsa Judgment: Critique of the Indian Perspective beyond the Adams-and-Eves Worldview’ (Global Freedom of Expression, 3 September 2020) <https://globalfreedomofexpression.columbia.edu/publications/nalsa-judgment-critique-of-the-indian-perspective-beyond-the-adams-and-eves-worldview/> accessed 7 March 2024
[19] Ministry of Social Justice & Empowerment , Report of the Expert Committee on the Issues relating to Transgender Persons
[20] Standing Committee on Social Justice and Empowerment, The Transgender Persons (Protection of Rights Bill, 2016) ( Parliamentary Committee 2016-17)
[21] ‘The Transgender Persons (Protection of Rights) Bill, 2019’ (PRS Legislative Research, 2019) <https://prsindia.org/billtrack/the-transgender-persons-protection-of-rights-bill-2019> accessed 7 March 2024
[22] Justice K. S. Puttaswamy (Retd.) & Anr. v. Union of India , [2017] SC 4161
[23] Navtej Singh Johar v. Union of India, [2018] INSC 790
[24] The Transgender Persons (Protection of Rights) Act 2019, s 5
[25] The Transgender Persons (Protection of Rights) Act 2019, s 6 (1)
[26] Mohan R, ‘Halt Implementation of the Trans Act 2019: Activists ’ (The Wire, 5 June 2020) <https://thewire.in/lgbtqia/trans-act-2019-rules-feedback-activists> accessed 7 March 2024
[27] The Transgender Persons (Protection of Rights) Act 2019, s 2 (k)
[28] MAHECH N, ‘Transgender Persons (Protection of Rights) Act & Rules – A Critical Analysis: National Law School of India University’ (National Law School of India University |, 28 September 2020) <https://ceerapub.nls.ac.in/transgender-persons-protection-of-rights-act-rules-a-critical-analysis/> accessed 7 March 2024
[29] The Transgender Persons (Protection of Rights) Act 2019, s 13
[30] Indian Penal Code 1860
[31] The Transgender Persons (Protection of Rights) Act 2019, s 18 (d)
[32] The Transgender Persons (Protection of Rights) Act 2019, s 8
[33] BAL A, ‘The Transgender Persons (Protection of Rights) Act, 2019: A Critical Analysis’ (2020) 3 International Journal of Law Management & Humanities 1069
[34] (Constitution of transgender welfare boards/commissions, 8 December 2021) <https://pib.gov.in/Pressreleaseshare.aspx?PRID=1779350#:~:text=Constitution%20of%20Transgender%20Welfare%20Boards%2FCommissions&text=As%20per%20the%20information%20available,West%20Bengal%2C%20Tripura%20and%20Mizoram.> accessed 8 March 2024
[35] Vimala P and Kumari SV (2016) 4 A STUDY ON STIGMATIZATION AND DISTRESS AMONG THE TRANSGENDER INDIVIDUALS 63
[36] Kumar A, ‘India’s Path to Global Leadership in Gender Justice.’ (2023) 5 International Journal of Human Rights and Social Justice 89