LIJDLR

RECOGNISING THE UNRECOGNISED: THE PURSUIT OF IDENTITY AND DIGNITY BY TRANSGENDER PERSONS IN INDIA

K.Abitha, Pursuing LLM at Government Law college at Coimbatore, Tamil Nadu (India)

Transgender persons in India have historically endured social exclusion, marginalisation, and systemic denial of their rights. Despite constitutional safeguards and landmark judicial interventions, including NALSA v. Union of India (2014), and the enactment of the Transgender Persons (Protection of Rights) Act, 2019, they continue to face significant challenges in asserting their identity and securing dignity. This study seeks to explore the legal frameworks, socio-cultural barriers, and policy measures that shape the lived experiences of transgender persons in contemporary India. By analysing judicial pronouncements, legislative provisions, and social realities, the research highlights the gap between legal recognition and social acceptance. It critically evaluates the effectiveness of existing laws in empowering transgender persons and examines the role of public policy, societal attitudes, and educational initiatives in promoting inclusion. The study also draws comparative insights from international human rights practices to suggest pathways for reform. In doing so, it emphasises that legal recognition alone is insufficient; sustained social, cultural, and institutional support is essential to realise the fundamental rights of transgender persons. As Justice Rohinton Fali Nariman once remarked, “The Constitution does not merely protect the majority; it safeguards the rights of those who are marginalised and vulnerable.” This research ultimately advocates for a holistic approach that not only recognises transgender persons legally but also affirms their identity, dignity, and rightful place in Indian society.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 4, Page 1025–1053.
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