Gender justice beyond binaries: a critical analysis of the protective laws in India
- Bihar Journal of Public Administration
- 21(2s), Jul-Dec, 2024: p.471-482
The protection of the basic rights of those falling beyond male-female categories (LGBT) have been recognised as constitutional rights by the governments and society at large. Their rights have been protected by a major law namely Transgender Persons (Protection of Rights) Act, 2019, in India in order to bring them into mainstream society. But their miseries still prevail due to lack of social acceptability and inconsistent implementation of the Law. This exclusion not only perpetuates discrimination but also denies these citizens’ access to fundamental rights and opportunities. The legal framework of the Act has been under criticism on various issues like inadequate defi nition of gender identity, attitude of the administration and police, ensuring the public service delivery to them and violence meted out to them by the rest of the society. In view of this situation, the present paper intends to examine the effectiveness of the Act in the light of legal provisions, opinion of the superior judiciary and attitude of the administration. It has been found that the Law ignores the issues like formation of family, certifi cation problems and ensured eligibility of public services. Besides, it is the need of the hour to provide supportive laws to make it more effective. - Reproduced