Nirma University

Institute of Law

(Semester 8th, B.COM L.L.B)

Continuous Evaluation 1

Subject: Interpretation of Statute

Prepared & Submitted By

Utkarsh Arora 20BBL124

Interpretation of

The Transgender Person (Protection of Rights) Act, 2019

Interpretation Clauses.
Section 2(e), “Institution”: -
“institution” means an institution, whether public or private, for the reception, care, protection,
education, training or any other service of transgender persons;

Section 2(i), “Person With Intersex Variation”: -

“person with intersex variations” means a person who at birth shows variation in his or her
primary sexual characteristics, external genitalia, chromosomes or hormones from normative
standard of male or female body;

Section 3, “Prohibition against discrimination”: -

Prohibition against discrimination.—

No person or establishment shall discriminate against a transgender person on any of the

following grounds, namely:—

(a) the denial, or discontinuation of, or unfair treatment in, educational establishments and
services thereof;

(b) the unfair treatment in, or in relation to, employment or occupation;

(c) the denial of, or termination from, employment or occupation;

(d) the denial or discontinuation of, or unfair treatment in, healthcare services;

(e) the denial or discontinuation of, or unfair treatment with regard to, access to, or provision or
enjoyment or use of any goods, accommodation, service, facility, benefit, privilege or opportunity
dedicated to the use of the general public or customarily available to the public;

(f) the denial or discontinuation of, or unfair treatment with regard to the right of movement;

(g) the denial or discontinuation of, or unfair treatment with regard to the right to reside,
purchase, rent, or otherwise occupy any property;

(h) the denial or discontinuation of, or unfair treatment in, the opportunity to stand for or hold
public or private office; and

(i) the denial of access to, removal from, or unfair treatment in, Government or private
establishment in whose care or custody a transgender person may be.
Section 13, “Obligation of educational institutions to provide inclusive
education to transgender persons”: -
Every educational institution funded or recognised by the appropriate Government shall provide
inclusive education and opportunities for sports, recreation and leisure activities to transgender
persons without discrimination on an equal basis with others.

Break Down of the Provisions: -

Section 2(e), “Institution”: -
"Institution": The term "institution" refers to a specific type of organization or facility.

 "means”: This word signals that what follows is the definition or interpretation of the
term "institution" as used in the context of the document or legislation.
 "an institution": This phrase specifies that the definition applies to any institution
meeting the criteria outlined, regardless of whether it is public or private.
 "whether public or private": This clause emphasizes that the definition encompasses
institutions operated by governmental bodies (public) as well as those operated by non-
governmental entities or individuals (private).
 "for the reception, care, protection, education, training or any other service": This
part elaborates on the purposes or functions of the institution. It specifies that the
institution may provide various services, including but not limited to reception, care,
protection, education, training, or any other service deemed relevant.
 "of transgender persons": This phrase specifies the target group for which the
institution provides its services. It indicates that the institution is designed to serve
transgender individuals, highlighting a focus on their specific needs and circumstances.

Supriyo and Ors. vs. Union of India (UOI) (17.10.2023 - SC) : MANU/SC/1155/2023

“The institutional space of marriage is conditioned and occupied synchronously by legislative

interventions, customary practises, and religious beliefs. The extant legislative accommodation
of customary and religious practices is not gratuitous and is to some extent conditioned by the
right to religion and the right to culture, constitutionally sanctified in Articles 25 and Article 29
of the Constitution of India. This synchronously occupied institutional space of marriage, is a
product of our social and constitutional realities, and therefore, in my opinion, comparative
judicial perspectives offer little assistance. Given this nature of marriage as an institution, the
right to choose a spouse and the right of a consenting couple to be recognized within the
institution of marriage, could not but be said to be restricted. [554]”
Section 2(i), “Person With Intersex Variation”: -
 "Person with intersex variations": This term refers to individuals who exhibit
differences in their biological characteristics related to sex.
 "means": This word indicates that the following explanation defines or interprets the
term "person with intersex variations" within the context of the document or legislation.
 "a person who at birth": This phrase specifies the time frame during which the
characteristics described are observed, indicating that they are present from birth.
 "shows variation in his or her primary sexual characteristics, external genitalia,
chromosomes, or hormones": This segment elaborates on the specific biological
features or attributes that may differ from what is considered typical or standard for male
or female bodies. It includes variations in primary sexual characteristics (such as
reproductive organs), external genitalia, chromosomes, or hormones.
 "from normative standard of male or female body": This clarifies that the variations
observed in the individual's biological characteristics deviate from what is commonly
understood as the typical or normative standards for male or female bodies.

Section 3, “Prohibition against discrimination”: -

Prohibition against discrimination: This phrase serves as the title or heading of the provision,
indicating its overarching purpose to prohibit discrimination against transgender persons.

 No person or establishment shall discriminate against a transgender person on any

of the following grounds: This statement establishes the scope of the prohibition, stating
that neither individuals nor establishments are permitted to discriminate against
transgender persons based on specific criteria outlined below.
 the denial, or discontinuation of, or unfair treatment in, educational establishments
and services thereof: This subsection addresses discrimination in educational settings,
including denial of admission, expulsion, or unfair treatment within educational
institutions and related services.
 the unfair treatment in, or in relation to, employment or occupation: This subsection
addresses discrimination in employment, encompassing unfair treatment or
discriminatory practices related to hiring, promotion, or workplace conditions.
 the denial of, or termination from, employment or occupation: This subsection further
specifies discrimination related to employment, including denial of job opportunities or
termination based on transgender status.
 the denial or discontinuation of, or unfair treatment in, healthcare services: This
subsection pertains to discrimination in healthcare, including denial of medical treatment
or unfair treatment by healthcare providers.
 the denial or discontinuation of, or unfair treatment with regard to, access to, or
provision or enjoyment or use of any goods, accommodation, service, facility,
 benefit, privilege or opportunity dedicated to the use of the general public or
customarily available to the public: This subsection addresses discrimination in access
to goods, services, or facilities available to the public, encompassing denial of access or
unfair treatment in various contexts.
 the denial or discontinuation of, or unfair treatment with regard to, the right of
movement: This subsection addresses discrimination in the right to movement, including
denial of transportation services or unfair treatment while traveling.
 the denial or discontinuation of, or unfair treatment with regard to, the right to
reside, purchase, rent, or otherwise occupy any property: This subsection addresses
discrimination in housing and property rights, including denial of housing opportunities
or unfair treatment by landlords.
 the denial or discontinuation of, or unfair treatment in, the opportunity to stand for
or hold public or private office: This subsection pertains to discrimination in political
and employment opportunities, including denial of the right to run for or hold public
office or unfair treatment in employment related to such positions.
 the denial of access to, removal from, or unfair treatment in, Government or private
establishment in whose care or custody a transgender person may be: This
subsection addresses discrimination in access to facilities or establishments where
transgender persons may be in custody or care, including denial of access or unfair
treatment within such establishments.

Section 13, “Obligation of educational institutions to provide inclusive

education to transgender persons”: -
 Obligation of Educational Institutions: This part indicates that educational institutions
have a duty or responsibility regarding transgender individuals.
 To Provide Inclusive Education: The provision requires educational institutions to offer
education that is inclusive, meaning it accommodates and supports transgender persons
along with others.
 Every Educational Institution Funded or Recognized by the Appropriate
Government: This specifies the scope of the obligation, applying to all educational
institutions that receive funding or recognition from the government.
 Shall Provide Inclusive Education and Opportunities: The use of "shall" emphasizes
the mandatory nature of the requirement. Educational institutions must offer both
inclusive education and opportunities for sports, recreation, and leisure activities.
 For Transgender Persons Without Discrimination: The provision emphasizes that
these opportunities must be provided to transgender individuals without discrimination,
ensuring equal access and treatment.
  On an Equal Basis with Others: This phrase underscores the principle of equality,
stating that transgender individuals should be treated no differently from others in
accessing educational opportunities and activities.

Ambiguity in the Provisions: -

Section 2(e), “Institution”: -
The provision defining "institution" contains a few potential ambiguities:

1. Scope of Services: The phrase "or any other service" is open-ended and may lead to
ambiguity regarding the types of services covered by the term "institution." It does not
clearly define the extent or limitations of the services provided, leaving room for
interpretation.
2. Interpretation of "Transgender Persons": The provision refers to institutions for the
reception, care, protection, etc., "of transgender persons." The term "transgender persons"
may be interpreted differently by different individuals or entities, leading to ambiguity
about who exactly falls within this category.
3. Definition of "Institution": While the provision mentions "institution," it does not
explicitly define what constitutes an institution. This lack of clarity may lead to confusion
about which entities qualify as institutions under this definition.
4. Public or Private: Although the provision specifies that institutions can be "public or
private," it does not elaborate on the distinctions between the two or provide criteria for
categorizing an institution as either public or private. This ambiguity could lead to
differing interpretations of whether certain entities qualify as public or private
institutions.
5. Multiplicity of Purposes: The provision lists multiple purposes for which an institution
may exist, including reception, care, protection, education, training, or any other service.
This breadth of purposes could lead to uncertainty about the primary function of an
institution and how it relates to the care or service of transgender persons.

Section 2(i), “Person With Intersex Variation”: -

The provision defining "person with intersex variations" contains several potential ambiguities:

1. Definition of "Intersex Variations": While the provision refers to "person with intersex
variations," it does not provide a precise definition of what constitutes intersex variations.
This lack of clarity may lead to differing interpretations of what characteristics qualify as
intersex variations.
2. Variation from "Normative Standard": The provision mentions variation from the
"normative standard of male or female body." However, it does not define what
 constitutes the normative standard, leaving room for interpretation and potential
ambiguity about what characteristics are considered standard.
3. Timing of Observation: The provision states that the variations must be observed "at
birth." However, it does not specify whether these variations must be apparent
immediately after birth or if they can become evident later in life. This ambiguity may
lead to uncertainty about the timeframe for identifying intersex variations.
4. Scope of Characteristics: The provision lists several potential variations, including
primary sexual characteristics, external genitalia, chromosomes, or hormones. However,
it does not specify whether all these variations must be present for an individual to be
considered intersex or if one characteristic alone is sufficient. This ambiguity may lead to
different interpretations of the criteria for identifying intersex variations.
5. Normative Standard of Male or Female Body: The provision refers to a normative
standard of the male or female body, but it does not clarify what this standard entails.
Different interpretations of the normative standard may lead to inconsistencies in
identifying intersex variations.

Section 3, “Prohibition against discrimination”: -

The provision prohibiting discrimination against transgender persons contains several potential
ambiguities:

1. Scope of Discrimination: The provision prohibits discrimination "on any of the

following grounds," but it does not explicitly define what constitutes discrimination. This
lack of clarity may lead to different interpretations of what actions or behaviors qualify as
discriminatory.
2. "Unfair Treatment": The provision mentions "unfair treatment" in several instances
without defining what constitutes unfair treatment. This ambiguity may lead to
uncertainty about the threshold for determining when treatment crosses the line into
discrimination.
3. Definition of "Transgender Person": While the provision prohibits discrimination
against transgender persons, it does not provide a clear definition of what qualifies as a
transgender person. This ambiguity may lead to differing interpretations of who falls
within this category and who is protected under the provision.
4. Scope of Grounds for Discrimination: The provision lists various grounds for
discrimination, including denial, discontinuation, or unfair treatment in different contexts.
However, it does not specify whether these grounds are exhaustive or if other forms of
discrimination not explicitly mentioned are also prohibited.
5. Interpretation of Specific Grounds: Some grounds listed, such as denial of access to
healthcare services or housing, may be subject to interpretation based on factors like
 medical necessity or property rights. Without further clarification, ambiguity may arise
regarding the circumstances under which discrimination is prohibited in these areas.
6. Public or Private Establishment: The provision applies to both "person" and
"establishment," but it does not clarify what qualifies as an establishment or how the
prohibition against discrimination applies to different types of entities. This ambiguity
may lead to uncertainty about the responsibilities of different entities in preventing
discrimination.

Section 13, “Obligation of educational institutions to provide inclusive

education to transgender persons”: -
The provision regarding the obligation of educational institutions to provide inclusive education
to transgender persons contains several potential ambiguities:

1. Definition of "Educational Institution": The provision mentions "every educational

institution funded or recognized by the appropriate Government," but it does not provide
a clear definition of what constitutes an educational institution. This lack of clarity may
lead to uncertainty about which entities are required to comply with the obligation.
2. Scope of Inclusive Education: The provision requires educational institutions to provide
"inclusive education," but it does not define what inclusive education entails. This
ambiguity may lead to differing interpretations of the specific measures or
accommodations required to ensure inclusivity for transgender persons.
3. Opportunities for Sports, Recreation, and Leisure Activities: While the provision
mentions opportunities for sports, recreation, and leisure activities, it does not specify the
scope of these opportunities or how they should be provided. This ambiguity may lead to
uncertainty about the extent of the obligation and the types of activities covered.
4. Equal Basis with Others: The provision requires that transgender persons be provided
opportunities without discrimination on an equal basis with others. However, it does not
clarify what constitutes equal treatment in the context of educational opportunities. This
ambiguity may lead to differing interpretations of how to ensure equality in practice.
5. Funding or Recognition by the Appropriate Government: The provision applies to
educational institutions funded or recognized by the appropriate Government, but it does
not specify what constitutes appropriate Government recognition or funding. This
ambiguity may lead to uncertainty about the entities covered by the obligation based on
their funding or recognition status.
Protocol.
Applying Plain Meaning Rule: -
Section 2(e), “Institution”: -
Applying the plain rule of interpretation to this provision involves understanding the provision's
meaning based on the ordinary, everyday understanding of the words used. Let's break it down:

1. "Institution": This term typically refers to an organization or establishment with a

specific purpose or function.
2. "Means": This indicates that the following explanation is the definition or interpretation
of the term "institution" within the context of the document or legislation.
3. "An institution": This phrase specifies that the definition applies to any institution
meeting the criteria outlined, regardless of whether it is public or private.
4. "Whether public or private": This clause emphasizes that the definition encompasses
institutions operated by governmental bodies (public) as well as those operated by non-
governmental entities or individuals (private).
5. "For the reception, care, protection, education, training or any other service of
transgender persons": This part elaborates on the purposes or functions of the
institution. It specifies that the institution may provide various services, including but not
limited to reception, care, protection, education, training, or any other relevant service
specifically catering to transgender individuals.

Section 2(i), “Person With Intersex Variation”: -

Applying the plain rule of interpretation to this provision involves interpreting the meaning of
the term "person with intersex variations" based on the ordinary understanding of the words
used. Let's break it down:

1. "Person with intersex variations": This term refers to individuals who exhibit
differences in their biological characteristics related to sex.
2. "Means": This indicates that the following explanation provides the definition or
interpretation of the term "person with intersex variations" within the context of the
document or legislation.
3. "A person who at birth": This phrase specifies the time frame during which the
characteristics described are observed, indicating that they are present from birth.
4. "Shows variation in his or her primary sexual characteristics, external genitalia,
chromosomes, or hormones": This segment elaborates on the specific biological
features or attributes that may differ from what is considered typical or standard for male
or female bodies. It includes variations in primary sexual characteristics (such as
reproductive organs), external genitalia, chromosomes, or hormones.
 5. "From normative standard of male or female body": This clarifies that the variations
observed in the individual's biological characteristics deviate from what is commonly
understood as the typical or normative standards for male or female bodies.

Section 3, “Prohibition against discrimination”: -

Applying the plain rule of interpretation to this provision involves interpreting the meaning of
the prohibition against discrimination against transgender persons based on the ordinary
understanding of the words used. Let's break it down:

1. "Prohibition against discrimination": This phrase indicates that discrimination against

transgender persons is not allowed.
2. "No person or establishment shall discriminate": This part specifies that both
individuals and establishments are prohibited from engaging in discriminatory behavior
towards transgender persons.
3. "On any of the following grounds": This indicates that discrimination is prohibited
based on the listed criteria.
4. (a) to (i): These sub-points enumerate specific instances or situations where
discrimination against transgender persons is prohibited, including denial or
discontinuation of services, unfair treatment in various contexts such as education,
employment, healthcare, access to goods and services, rights of movement, housing,
political participation, and access to institutions.
5. "Denial, discontinuation, or unfair treatment": These terms encompass various forms
of discriminatory actions or behaviors, including refusal to provide services, termination
from employment, unequal treatment, or any other actions that result in unfair treatment
or deprivation of rights.

Supriyo and Ors. vs. Union of India (UOI) (17.10.2023 - SC) : MANU/SC/1155/2023

“265. The right of transgender persons to equality under the Constitution and the right against
discrimination was recognized by this Court in NALSA (supra). To be equal means to be able to
live without discrimination. Section 3 of the Transgender Persons Act codifies the prohibition
against discrimination in the following terms”

Section 13, “Obligation of educational institutions to provide inclusive

education to transgender persons”: -
Applying the plain rule of interpretation to this provision involves interpreting the meaning
based on the ordinary understanding of the words used. Let's break it down:
 1. "Obligation of educational institutions": This phrase indicates that educational
institutions have a duty or responsibility.
2. "To provide inclusive education to transgender persons": This specifies that
educational institutions must offer education that accommodates and supports transgender
individuals.
3. "Every educational institution funded or recognised by the appropriate
Government": This indicates the scope of the obligation, applying to all educational
institutions that receive funding or recognition from the government.
4. "Shall provide inclusive education and opportunities for sports, recreation, and
leisure activities": The use of "shall" emphasizes the mandatory nature of the
requirement. Educational institutions are required to offer both inclusive education and
opportunities for sports, recreation, and leisure activities.
5. "To transgender persons without discrimination on an equal basis with others":
This specifies that transgender individuals must be provided with these opportunities
without facing discrimination and on the same basis as others.

Legislative Intent.
Section 2(e), “Institution”: -
The legislative intent behind defining "institution" within this provision is to establish a
comprehensive understanding of the term within the context of legislation concerning
transgender rights and services. By providing a clear definition, the legislature aims to ensure
that any entity falling within the scope of an "institution" understands its obligations and
responsibilities towards transgender individuals.

The intent is to encompass a broad range of organizations, whether public or private, that offer
services specifically tailored to meet the needs of transgender persons. These services may
include but are not limited to reception, care, protection, education, training, or any other
relevant support or assistance. By including various types of institutions, the legislature seeks to
promote inclusivity and accessibility of essential services for transgender individuals,
irrespective of the nature of the institution providing them.

Furthermore, by explicitly stating the types of services covered, such as education and training,
the legislative intent is to ensure that transgender individuals have access to a comprehensive
range of support systems that address their unique needs and challenges. This definition aims to
foster an environment where transgender individuals can receive the necessary care, support, and
opportunities for personal and professional development without facing discrimination or
barriers based on their gender identity.

Section 2(i), “Person With Intersex Variation”: -

The legislative intent behind defining "person with intersex variations" within this provision is to
provide clarity and recognition within legal frameworks regarding individuals who may deviate
from traditional binary notions of male and female anatomy. By establishing this definition, the
legislature aims to address the unique needs and experiences of individuals with intersex
variations while promoting their rights, dignity, and equality under the law.

The intent is to acknowledge that variations in primary sexual characteristics, external genitalia,
chromosomes, or hormones may exist beyond the typical standards associated with male or
female bodies. By defining "person with intersex variations," the legislature seeks to validate the
lived experiences of individuals who may not fit neatly into conventional understandings of sex
and gender.

Furthermore, the legislative intent is to ensure that individuals with intersex variations are
afforded legal recognition and protection against discrimination based on their biological
characteristics. This definition aims to prevent stigma, discrimination, and marginalization faced
by individuals with intersex traits by affirming their identity and rights within society.

By providing a clear definition, the legislature also seeks to facilitate access to appropriate
healthcare, support services, and legal protections for individuals with intersex variations. This
definition underscores the importance of respecting diversity and promoting inclusivity within
legal frameworks, healthcare systems, and broader societal contexts.

Section 3, “Prohibition against discrimination”: -

The legislative intent behind this provision is to establish comprehensive protections against
discrimination for transgender individuals. The intent is to ensure that transgender persons are
afforded equal rights and opportunities, free from unjust treatment or prejudice based on their
gender identity.

By prohibiting discrimination on various grounds, including educational, employment,

healthcare, access to goods and services, housing, freedom of movement, and participation in
public office, the legislature seeks to address systemic inequalities and barriers faced by
transgender individuals in society.

The intent is to foster an inclusive and equitable environment where transgender individuals can
access essential services, pursue employment opportunities, and participate fully in public life
without fear of discrimination or marginalization.

Furthermore, the legislative intent is to promote awareness and understanding of transgender

rights and experiences, challenging societal norms and attitudes that perpetuate discrimination
and stigma.

Section 13, “Obligation of educational institutions to provide inclusive

education to transgender persons”: -
The legislative intent behind this provision is to ensure that educational institutions uphold
principles of inclusivity and equality by providing a supportive and welcoming environment for
transgender individuals. By mandating inclusive education and opportunities for sports,
recreation, and leisure activities, the intent is to foster a learning environment that respects and
values the diversity of all students, including transgender persons.

The provision aims to address historical and systemic barriers that transgender individuals may
face in educational settings, such as discrimination, harassment, and exclusion. By requiring
educational institutions to offer inclusive education, the legislature seeks to promote
understanding, acceptance, and respect for transgender students among their peers and faculty.

Furthermore, the legislative intent is to provide transgender students with equal access to
educational opportunities, extracurricular activities, and resources without facing discrimination
or prejudice based on their gender identity. This provision emphasizes the importance of creating
a safe and supportive learning environment where transgender students can thrive academically,
socially, and emotionally.

V. Vasanta Mogli vs. The State of Telangana and Ors. (06.07.2023 - TLHC) :
MANU/TL/0911/2023

“32.11. Section 13 requires every educational institution funded or recognized by the appropriate
Government to provide inclusive education and opportunities for sports, recreation and leisure
activities to transgender persons without discrimination on an equal basis with others.”

Purpose.
Section 2(e), “Institution”: -
The purpose of this provision is to define "institution" within legislation concerning transgender
rights and services. By providing a clear definition, it aims to ensure that all relevant entities,
public or private, understand their responsibilities in providing support to transgender
individuals. The provision encompasses a wide range of institutions offering services related to
the reception, care, education, and training of transgender persons. It emphasizes the importance
of creating inclusive environments where transgender individuals can access services without
discrimination.

Section 2(i), “Person With Intersex Variation”: -

The purpose of this provision is to establish a clear and inclusive definition of "person with
intersex variations" within legal frameworks. By defining the term, the provision aims to
recognize and acknowledge the existence of individuals who deviate from traditional binary
notions of male and female anatomy. It seeks to validate the experiences of individuals with
intersex variations and promote their rights, dignity, and equality under the law. The provision
underscores the importance of respecting diversity and addressing discrimination faced by
individuals with intersex traits by affirming their identity and rights within society.
Section 3, “Prohibition against discrimination”: -
The purpose of this provision is to ensure equal rights and protections for transgender individuals
by prohibiting discrimination on various grounds. It seeks to address systemic inequalities and
barriers faced by transgender persons in society. By prohibiting discrimination in educational,
employment, healthcare, housing, public services, and other areas, the provision aims to promote
inclusivity, dignity, and respect for transgender individuals. It underscores the importance of
ensuring that transgender persons have equal access to opportunities, services, and protections
without facing unjust treatment or prejudice based on their gender identity. Overall, the purpose
is to create a more equitable and inclusive society where transgender individuals can live free
from discrimination and enjoy their full rights and freedoms.

Section 13, “Obligation of educational institutions to provide inclusive

education to transgender persons”: -
The purpose of this provision is to ensure that educational institutions foster inclusivity and
equality by providing a supportive environment for transgender individuals. By mandating
inclusive education and opportunities for sports, recreation, and leisure activities, the provision
aims to create a learning environment that respects and values the diversity of all students,
including transgender persons. It seeks to address historical barriers such as discrimination,
harassment, and exclusion faced by transgender individuals in educational settings. Additionally,
the provision aims to promote understanding, acceptance, and respect for transgender students
among their peers and faculty. Overall, the purpose is to promote the full inclusion and
participation of transgender individuals in educational settings, fostering a culture of diversity,
acceptance, and respect within educational institutions.

Policy.
Section 2(e), “Institution”: -
A dynamic interpretation of this provision acknowledges the changing role of institutions in
supporting transgender individuals. It recognizes the need for flexibility and adaptability to meet
evolving needs over time.

In this interpretation, "institution" encompasses various entities, public and private, dedicated to
serving transgender individuals, such as healthcare facilities, schools, advocacy groups, and
online platforms.

Furthermore, it acknowledges that these services may evolve to better serve transgender
individuals and emphasizes the importance of remaining responsive to their needs.

Additionally, it recognizes the impact of societal changes and advancements in understanding

gender diversity on institutional practices and underscores the importance of ongoing
engagement with transgender communities to inform these developments.
Section 2(i), “Person With Intersex Variation”: -
A dynamic interpretation of this provision acknowledges the evolving understanding of intersex
variations and gender diversity. It expands beyond fixed definitions to encompass the complexity
within the intersex community and the need for ongoing dialogue. Rather than a static medical
description, it embraces a broader perspective, recognizing the spectrum of experiences and
identities. This interpretation also highlights the fluidity of societal norms and medical standards
regarding sex and gender, emphasizing the importance of evolving understanding and respect for
individual autonomy.

Section 3, “Prohibition against discrimination”: -

A dynamic interpretation of this provision acknowledges the evolving landscape of transgender
rights and the ongoing need to combat discrimination in all its forms. It recognizes that
discrimination extends beyond explicit acts to include systemic inequalities and implicit biases.
Additionally, it emphasizes the importance of intersectionality in understanding the
interconnected nature of discrimination and the need for ongoing education, awareness-raising,
and advocacy to foster inclusive environments for transgender individuals. Overall, it highlights
the importance of sustained efforts across various sectors of society to create a more equitable
and inclusive world for transgender individuals.

Section 13, “Obligation of educational institutions to provide inclusive

education to transgender persons”: -
A dynamic interpretation of this provision acknowledges the evolving understanding of
inclusivity in education and the need to provide equal opportunities for transgender individuals.
It emphasizes creating environments where they feel respected and supported, ensuring their full
participation in all aspects of school life. This requires active efforts to combat discrimination
and ongoing collaboration with transgender communities to maintain responsiveness to their
needs and strive for true inclusivity.