The Unheard Voice of 'Third Gender'- An analysis of the Transgender Person (Protection of Rights) Act, 2019

Yashika Goplani & Prakarti Shrivastava*

Published on September 20, 2021 | Manuscript Number: 2021/LNLR/20094 | Page Numbers: 94-104

​

Abstract: In India, third gender was considered a taboo and those people were often treated as non-natives. One such example of the same is the Transgender Persons (Protection of Rights) Act 2019 in which the rights of the transgender people have been undermined. The Act although was formed for their protection but it snatches away their self-identity, dignity and privacy. The Act is ambiguous over the difference between gender and sex, procedure to be followed for registration and appeal and activities required to be done for the empowerment of this miniscule minority. Although it denies discrimination yet does not provide provisions for the punishment. A complicated surgery which was declared illegal by the honorable Supreme Court has been made compulsory for getting the Certification of Gender. The Act altogether keeps a blind eye towards the demands of this section, clearly construing them as different from the binary version of society.

​

Keywords: Transgender, Intersex, Self-identity, Discrimination.

​

​

​

*Dharmashastra National Law University, Jabalpur

Cite as: Yashika Goplani & Prakarti Shrivastava, The Unheard Voice of 'Third Gender'- An analysis of the Transgender Person (Protection of Rights) Act, 2019 (2021) 1(2) LKO. L. REV. 94