Challenges to Transgender Persons Act, 2019 Under the Constitution of India
Keywords:
Transgender, Constitution, Rights, India, Amendments, FundamentalAbstract
The Transgender Persons (Protection of Rights) Act 2019 aims to recognize the identities of transgender persons and make it illegal to discriminate against them based on characteristics such as their gender, race, or place of birth, amongst others. In addition to this, it makes an effort to ensure rights in the following areas: access to and use of public services and benefits; employment; equality; healthcare; possession of or disposal of property; and holding public or private office. The Act was created in order to criminalize discrimination against transgender individuals and to respect the identities of transgender people. The legislation, on the other hand, breaches basic rights that are outlined in the constitution of India and is not being enforced in a proper manner. The Transgender Persons Act of 2019 is a contentious topic in this article due of its potential impact on fundamental rights. This study comes to the conclusion that the government has to amend this Act in order to make it more welcoming to transgender individuals and then carry out the provisions of the Act in an efficient manner.
- Is the maximum punishment for sexual assault against women in Section 376 of the Indian Penal Code, 1860, unreasonably lower than the maximum penalty for sexual assault against transgender individuals in Section 18(d) of the same code? Does the Indian Constitution's Article 14 (which protects the basic right to equality) come into conflict with what we have here?
- Does the Act have the potential to violate the fundamental rights that are outlined in Article 15 of the Indian Constitustion?
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