Transgender Law in India: A Legal Conundrum

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Somabha Bandopadhay
Somabha Bandopadhay

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Transgender Law in India: A Legal Conundrum

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Abstract

The apathy of the transgender community in India is no exception to the general state of affairs across the world. Yet, the irony here is that India that has had a glorious history of the transgender community who commanded respect is now reduced to treatment worse than ‘lower animals’. The colonial history has contributed significantly to this hatred and the historical injustices have not been done away with even today. The present day government has enacted a legislation that attempts to provide a sigh of relief. But, it has immense flaws underneath its glossy cover. The paper attempts to take a critical perspective of the law that points at missed opportunities that the law could have addressed and hence the ignorance of the government of the ground realities bothering the transgender community. It is unfortunate that the legislature failed to incorporate the demands of the community that it addresses. It also failed to acknowledge the sensitiveness of the issue and applied the same formulae that it adopts for all other laws without realizing that this will ultimately collapse the objectives of the law.

Funding

No external funding was declared for this work.

Conflict of Interest

The authors declare no conflict of interest.

Ethical Approval

No ethics committee approval was required for this article type.

Data Availability

Not applicable for this article.

How to Cite This Article

Somabha Bandopadhay. 2020. \u201cTransgender Law in India: A Legal Conundrum\u201d. Global Journal of Human-Social Science - H: Interdisciplinary GJHSS-H Volume 20 (GJHSS Volume 20 Issue H11): .

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Issue Cover
GJHSS Volume 20 Issue H11
Pg. 37- 40
Journal Specifications

Crossref Journal DOI 10.17406/GJHSS

Print ISSN 0975-587X

e-ISSN 2249-460X

Keywords
Classification
GJHSS-H Classification: FOR Code: 180199
Version of record

v1.2

Issue date

November 24, 2020

Language
en
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The apathy of the transgender community in India is no exception to the general state of affairs across the world. Yet, the irony here is that India that has had a glorious history of the transgender community who commanded respect is now reduced to treatment worse than ‘lower animals’. The colonial history has contributed significantly to this hatred and the historical injustices have not been done away with even today. The present day government has enacted a legislation that attempts to provide a sigh of relief. But, it has immense flaws underneath its glossy cover. The paper attempts to take a critical perspective of the law that points at missed opportunities that the law could have addressed and hence the ignorance of the government of the ground realities bothering the transgender community. It is unfortunate that the legislature failed to incorporate the demands of the community that it addresses. It also failed to acknowledge the sensitiveness of the issue and applied the same formulae that it adopts for all other laws without realizing that this will ultimately collapse the objectives of the law.

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Transgender Law in India: A Legal Conundrum

Somabha Bandopadhay
Somabha Bandopadhay

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