A COMPARATIVE JURISPRUDENCE OF TRANSGENDER EQUITY IN EDUCATION ACROSS CONTINENTS
Ms. Anshika Vats, Research Scholar, School of Law, ITM University, Raipur (India)
Dr. Shivli Shrivastava, Assistant Professor, School of Law, ITM University, Raipur (India)
This article offers a comprehensive comparative analysis of legal frameworks governing gender-inclusive education, focusing on India, Argentina, the United States, Canada. It begins by examining India’s landmark NALSA v. Union of India (2014) judgment, which legally recognized transgender individuals as a “third gender” and affirmed their rights to education, and reservation benefits under Articles 14, 15, 16, 19, and 21 of the Constitution. The Transgender Persons (Protection of Rights) Act, 2019 further institutionalized safeguards—but practical challenges persist in the form of limited infrastructure, administrative burdens in identity recognition, and persistent societal stigma. Argentina’s 2012 Gender Identity Law offers a proactive model, permitting self-identification and facilitating legal and medical recognition of transgender persons without prior medical interventions, supported by accessible healthcare coverage. In the US, Title IX serves as the primary prohibition against sex-based discrimination in federally funded education, and its application to gender identity has seen fluctuating policy positions, recently affected by federal court rulings and legislative amendments. Through thematic cross-country comparison, this article identifies key best practices while highlighting existing enforcement gaps and the need for societal education. The study concludes with a set of recommendations for policymakers to foster inclusive education systems.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 95–115. |
| 🔗 Creative Commons | © Copyright |
| This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License . | © Authors, 2026. All rights reserved. |