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Challenges of Transgender Rights Act 2019: A Discussion, Study Guides, Projects, Research of Constitutional Law

Information about a discussion organized by rajiv gandhi national university of law on the lacunae within the transgender persons (protection of rights) act, 2019. The document highlights the importance of identity for the transgender community and discusses how the act undermines the concept of self-identification. The event aims to learn about the issues affecting transgender people and find possible solutions.

Typology: Study Guides, Projects, Research

2020/2021

Uploaded on 07/27/2021

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Expert Discussion on
Lacunae within the Law: The Transgender Persons
(Protection of Rights) Act,
2019
Organized by:
School of Social Sciences and Inter-disciplinary Studies (SSSIS),
Rajiv Gandhi National University of Law, Punjab
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Expert Discussion on

Lacunae within the Law: The Transgender Persons

(Protection of Rights) Act,

Organized by: School of Social Sciences and Inter-disciplinary Studies (SSSIS), Rajiv Gandhi National University of Law, Punjab

Concept Note The notion of identity is essential to the dignity and self-respect of any person. It assumes even more importance when a person or a community has had to constantly struggle to preserve their identity. The transgender community has faced centuries of oppression, which has made it difficult for them to come to terms with their identity. The NALSA Judgment of 2014 was a ray of hope in an otherwise dark period for the community, as it had stressed upon the point of identity, saying that in order to declare oneself as a transgender person, only self-identification was required and all the other rights flow from such identification. However, this turned out to be short-lived, since the Transgender Persons’ (Protection of Rights) Act, 2019 completely undermined the concept of ‘self-identification’ and related rights guaranteed by the NALSA judgment. The legislation is meant to be a major step towards ensuring a society free from transphobia, but it is a far cry from the internationally followed best practices by countries like Denmark, Argentina and Malta. If the conversation is to be carried forward, the simultaneous acknowledgment and dismantling of the various oppressions faced by transgender persons is needed. About the Discussion This discussion aims at learning, observing and understanding various issues affecting the transgender people, and finding out possible solutions to the current situation.