Equity at Work: Paving Way for Transgender Inclusion in Indian Labour Laws

The Transgender Person (Protection of Rights) Act, 2019 represents a notable advancement in acknowledging and safeguarding the rights of transgender individuals. However, it falls short of comprehensively tackling the entrenched discrimination that has persistently afflicted this community over the course of several decades. This paper focuses on the gaps in labour law that need to be addressed to ensure true inclusivity and protection of rights for transgender persons. The lack of recognition of benefits for transgender individuals is a significant issue that perpetuates their deprivation of rights. Many transgender individuals face challenges in accessing basic benefits such as health insurance, retirement benefits, and social security. This lack of recognition of benefits not only denies them access to essential services but also reinforces the stigma and discrimination they face in society. The paper also discusses on ICCPR which guarantees the right to non-discrimination on the basis of gender identity. Furthermore, it addresses employer’s responsibility to ensure a zero-discrimination environment under their authority is crucial in achieving this objective. However, the current legal framework does not provide clear guidelines on how employers can fulfil this responsibility. The objective of the Transgender Person (Protection of Rights) Act, 2019, will only be fully achieved when the long-standing tradition of discrimination against transgender individuals truly ends.