Dissertation

Weekly Progress Report -

9

Submitted to Amity University, in partial fulfillment of the requirement for the

Degree in Law
Title:

A critical analysis of the role of Indian legal system in the protection of

rights of Transgender

Submitted by:

Sameera Gupta

Industry Guide:

Amity Law School, Noida

Year 2024
 Duration - 27th February 2024 to 9th March 2024
Achievements:

● As mentioned earlier I have started drafting the chapter 2 with Headings

named as 1. Introduction 2. Historical Context 3. Legal Framework 4.
Challenges and Limitations
● Once drafting of this is done I will further start researching on my
chapter 3

Introduction:

In recent years, the recognition and protection of the rights of transgender

individuals have gained significant attention globally, including in India. The Indian
legal system has undergone substantial changes to address the discrimination and
marginalization faced by transgender people. This chapter critically analyzes the
effectiveness of the Indian legal framework in safeguarding the rights of transgender
individuals, examining both legislative measures and their implementation.

Historical Context

Historically, transgender individuals in India have faced systemic discrimination

and social exclusion. The prevailing social norms and cultural attitudes have
perpetuated stigma and violence against this community, denying them basic human
rights and opportunities for social and economic participation. The legal system
largely remained silent or complicit in this discrimination until recent years.
Legal Framework for Transgender Rights in India
The legal journey towards recognizing and protecting transgender rights in India
began with judicial intervention. The landmark Supreme Court judgment in NALSA
v. Union of India (2014) recognized transgender persons as a third gender and
affirmed their fundamental rights under the Constitution of India. This judgment
laid the foundation for subsequent legal developments aimed at protecting
transgender rights.
The Transgender Persons (Protection of Rights) Act, 2019, represents a significant
legislative step towards safeguarding transgender rights. The Act prohibits
discrimination against transgender individuals in various spheres of life, including
education, employment, healthcare, and access to public spaces. It also provides for
the establishment of welfare boards and mechanisms for legal recognition of gender
identity.

Challenges and Limitations

Despite these legal advancements, several challenges persist in the effective
protection of transgender rights in India. Implementation of laws and policies
remains a major hurdle, with inadequate awareness among government officials,
law enforcement agencies, and the general public. Transgender individuals continue
to face discrimination and violence, including harassment by law enforcement
authorities and denial of healthcare services.
Moreover, the legal recognition of gender identity remains complex and
bureaucratic, with cumbersome procedures and requirements that often fail to
accommodate the diverse experiences of transgender individuals. Many transgender
people continue to face barriers in obtaining official identification documents that
reflect their gender identity accurately.