Transgenders and the Law - A Commentary

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Description
Transgenders constitute one of the most neglected classes of citizens in India. Till 2014, there was not much focus on their rights and legal protection. Thereafter, thanks mainly to the efforts of certain NGOs, public-spirited persons and a very understanding judiciary, the issue of their status and protection came into limelight. It was followed by the legislative response in form of the Transgender Persons (Protection of Rights) Act, 2019 (TPPR Act). Co-author Baglekar Akash Kumar always wondered why transgenders (third genders) to whom nature gives similar air, water, food and red coloured blood as it gives to male and female genders, albeit few distinct physical characteristics-were discriminated against by the republic India for nearly 70 long years, when a bouquet of rights which stem out of Articles 14 and 21 of the compassionate Constitution of India does not do so? Although he could not find a suitable answer to his own query, but when found that the Supreme Court of India in NALSA judgment¹ and thereafter, Parliament by enacting the TPPR Act, 2019, are trying to mitigate the sufferings of transgender brethern, he felt that by writing a book on the TPPR Act, 2019 in a simple and understandable manner he could do yeoman service to transgenders. Hence, he approached Prof. G.B. Reddy (Lead author), who also held similar views, and we both started the journey of writing this book. This book contains a detailed sectionwise commentary, along with relevant case laws, on the newly enacted the TPPR Act, 2019.
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Contents
Introduction
1. Preliminary
2. Prohibition Against Discrimination
3. Recognition of Identity of Transgender Persons
4. Welfare Measures by Government
5. Obligation of Establishments and Other Persons
6. Education, Social Security and Health of Transgender Persons
7. National Council for Transgender Persons
8. Offences and Penalties
9. Miscellaneous
APPENDICES
I. Transgender Persons (Protection of Rights) Rules, 2020
II. Important Notifications
III. Guidelines/Advisories
Subject Index
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Author Details
G.B.Reddy, Professor, University College of Law, Osmania University, Hyderabad
Baglekar Akash Kumar, Law Student, University College of Law, Osmania University, Hyderabad; Consumer Activist