Gender justice beyond binaries: a critical analysis of the protective laws in India
By: Gupta, Ayesha
.
Material type: 
BookPublisher: Bihar Journal of Public Administration Description: 21(2s), Jul-Dec, 2024: p.471-482.Subject(s): : gender justice, rights, transgender, LGBT, exclusion, Law, IndiaSummary: 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
http://www.iipabiharbranch.org/upload/BJPA%20Vol.%20XXI%20No%202(S).pdf
| Item type | Current location | Call number | Status | Date due | Barcode |
|---|---|---|---|---|---|
Articles
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Indian Institute of Public Administration | Available | AR136440 |
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
http://www.iipabiharbranch.org/upload/BJPA%20Vol.%20XXI%20No%202(S).pdf
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