Inadequacies of the Transgender Persons’ (Protection of Rights) Act, 2019: A Juxtaposition with International Legal Frameworks & Conventions

Abstract

By way of safeguarding the rights of transgender individuals, the Indian government enacted the Transgender Persons’ (Protection of Rights) Act 2019. Studies show that the Act does not fully comply with many international treaties that aim to safeguard the rights of and provide safeguards for transgender individuals. To commence, to acquire a certificate of identity, transgender individuals are required to undergo a screening procedure administered by a medical officer and a District Magistrate to be certified. This requirement contradicts the idea of self-identification that is highlighted in international treaties such as the Yogyakarta Principles and the Inter-national Covenant on Civil and Political Rights (ICCPR). In this article, the author conducts a comparative study of the provisions that should be promptly added to the Act to give it the necessary prominence that has been overdue.