The Pursuit of Justice: Transgender Rights and Gender Justice in India

  • Jhilmil Dyundi
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  • Jhilmil Dyundi

    Student at Navrachana University, India

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Abstract

This article examines the socio-legal status of transgender persons in India, following the evolution of their rights from historical recognition to colonial criminalization and eventual constitutional acknowledgement. Despite progressive judicial pronouncements such as NALSA v. Union of India and legislative enactments like the Transgender Persons (Protection of Rights) Act, 2019, the transgender community continues to face systemic discrimination, social exclusion, and intra-community abuse. Through a multidisciplinary approach, the article highlights not only the external challenges—such as barriers in education, employment, and healthcare—but also the internal hierarchies within transgender collectives, notably the Guru-Chela system. It critiques the inconsistencies and limitations of existing legal frameworks, particularly the paradoxes within the 2019 Act, and underscores the need for empathetic, inclusive policymaking. It advocates for reforms grounded in lived realities, legal empowerment, and intersectional awareness to truly realize gender justice for all identities in India.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 7, Issue 3, Page 113 - 119

DOI: https://doij.org/10.10000/IJLSI.112599

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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