Transgender Rights in India: The Gap Between Law and Lived Reality UPSC NOTE

Transgender Rights in India: The Gap Between Law and Lived Reality

Prelims: Indian Polity and Governance (Fundamental Rights - Articles 14, 21), Landmark Supreme Court Judgments, Key Legislations (Transgender Persons Act, 2019).
Mains:

General Studies Paper 1: Salient features of Indian Society, Diversity of India; Social empowerment.
General Studies Paper 2: Welfare schemes for vulnerable sections of the population; Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections; Important aspects of governance.

The Manipur High Court ordered the state government to issue new academic certificates to transgender individual Dr. Bioncee Laishram, reflecting their self-identified gender.
This incident highlights how transgender individuals in India face bureaucratic hurdles in securing their rights, despite clear legal provisions.
The Supreme Court's landmark NALSA vs. Union of India (2014) judgment recognized the right to self-identify gender.
The Transgender Persons (Protection of Rights) Act, 2019 provided a legal basis for this principle.
However, there is a significant gap between legal rights and their application. This is primarily due to officials rigidly adhering to strict procedures without internalizing the spirit of the law.
This forces transgender individuals into long and expensive legal battles even for simple matters that are legally their right.

Bridging this gap requires institutional reform and cultural change to foster a proper understanding of gender identity among officials.

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