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FROM MARGINALISATION TO RECOGNITION: PROGRESS & PERSISTENT CHALLENGES FACED BY TRANSGENDERS IN INDIA--A SOCIO-LEGAL PERSPECTIVE
Authors
Krishna Chaudhary,Kavya Maheshwari
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Keywords
constitutional protection, gender identity, NALSA judgment, judicial precedents, social-stigmatization, third gender, transgender, transgender rights, Transgender Persons (Protection of Rights) Act, 2019.
Abstract
India's approach to transgender rights have undergone a paradigmatic transformation from cultural acknowledgment in pre-colonial society, colonial criminalization to constitutional recognition as "third gender" through the landmark Supreme Court judgment in National Legal Services Authority v. UOI (2014). This transition represented significant judicial and legislative progress and breakthrough, culminating in the enactment of the Transgender Persons (Protection of Rights) Act, 2019 r/w Rules, 2020, which established a statutory framework prohibiting discrimination and mandating welfare provisions across education, employment, and healthcare sectors. However, this advancement conceals a profound disconnect between formal legal recognition and the lived realities of transgender individuals who continue to face entrenched social stigma, systemic discrimination, economic marginalization, and inadequate implementation of protective legislation. The paper systematically elucidates and discusses: the meaning, conceptual clarity surrounding the definitions and various categories making up the transgender spectrum; by tracing the historical trajectory of transgender marginalization to recognition in India; the constitutional and statutory architecture establishing transgender rights in India; by highlighting role of the judiciary in bolstering the transgender rights and empowering the transgender community; by addressing the persistent hardships and challenges faced by transgenders across intersecting domains in their day-to-day life; and additionally provides policy recommendations for substantive legal reforms. The research paper employs doctrinal research methodology by describing and explaining constitutional provisions, judicial precedents and related statute, supplemented by secondary sources like articles, books, journals, newspapers, reports, etc.
IJCRT's Publication Details
Unique Identification Number - IJCRT2512820
Paper ID - 299341
Author type - Indian Author
Page Number(s) - h226-h252
Pubished in - Volume 13 | Issue 12 | December 2025
DOI (Digital Object Identifier) - https://doi.org/10.56975/ijcrt.v13i12.299341
No Of Downloads - 42
Author Country - India, 204213, Hathras, Hathras, 204213, Social Science All
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Krishna Chaudhary,Kavya Maheshwari, "FROM MARGINALISATION TO RECOGNITION: PROGRESS & PERSISTENT CHALLENGES FACED BY TRANSGENDERS IN INDIA--A SOCIO-LEGAL PERSPECTIVE", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.13, Issue 12, pp.h226-h252, December 2025, Available at :http://www.ijcrt.org/papers/IJCRT2512820.pdf
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