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Transgender Rights in India: Post-NALSA Developments and Legislative Effectiveness

Author(s) Shivina Rathore
Country India
Abstract The landmark judgment of the Supreme Court of India in National Legal Services Authority v. Union of India (2014), universally known as the NALSA judgment, constituted a constitutional watershed in the recognition of transgender rights in India, affirming gender self-identification as a fundamental right under Articles 14, 19, and 21 of the Constitution. This paper critically evaluates the post-NALSA legal trajectory examining the Transgender Persons (Protection of Rights) Act, 2019, and the Rules of 2020 against the expansive constitutional framework the judgment established. Through a doctrinal and socio-legal analysis, the paper argues that the 2019 Act represents a legislative regression from the NALSA standard, particularly through its mandatory certification mechanism, the dilution of the self-identification right, the absence of reservation provisions, and inadequate penalty structures. Drawing on recent Supreme Court interventions in Jane Kaushik v. Union of India (2025), Shanavi Ponnuswamy v. Ministry of Civil Aviation (2022), and multiple High Court directions on employment reservations and healthcare access, the paper evaluates how the judiciary has stepped in to fill the implementation vacuum created by executive inaction and legislative shortcoming. It further examines critical access gaps in healthcare, education, employment, and housing that persist despite a formally progressive legal framework, and concludes with recommendations for a rights-effective amendment to the 2019 Act aligned with international best practices under the Yogyakarta Principles and the Constitution's substantive equality guarantee.
Keywords NALSA Judgment, Transgender Persons Act 2019, Gender Self-Identification, Jane Kaushik, Yogyakarta Principles.
Published In Volume 7, Issue 3, March 2026
Published On 2026-03-23
DOI https://doi.org/10.70528/IJLRP.v7.i3.2032
Short DOI https://doi.org/hbvwc2
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