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lusive of the following :

1. Topic
The Transgender Persons (Protection of Rights) Bill, 2019
 2. Literature review/ material utilized
 Sexual orientation, gender identity and intersex status discrimination- Australian
Human Rights commission, https://www.humanrights.gov.au/employers/good-practice-
good-business-factsheets/sexual-orientation-gender-identity-and-intersex
 The Transgender Persons (Protection of Rights) Bill, 2016;
http://www.prsindia.org/uploads/media/Transgender/Transgender%20Persons%20Bill,
%202016.pdf
 Sexual Orientation, Gender Identity and Justice: AComparative Law Casebook
(2011); https://heinonline.org/HOL/LuceneSearch?
terms=transgender&collection=all&searchtype=advanced&typea=text&tabfrom=&submit=G
o&all=true
 Katie Koch; Richard Bales, Transgender EmploymentDiscrimination, 17 UCLA
Women's L.J. 243 (2008)
 Workplace Discrimination Laws and Policies, HUMAN RIGHTS
CAMPAIGN,http://www.hrc.org/resources/entry/Workplace-Discrimination-Policies-
Laws-and-Legislation
 Jennifer Levi, Protections for Transgender Employees,30 Hum. Rts. 12 (2003)
 Lauren R. Deitrich, Transgender and the Judiciary: An Argument to Extend Batson
Challenges to TransgenderIndividuals, 50 Val. U. L. Rev. 719 (2016)
 Spence Jones, Towards a Universal Construction of Transgender Rights: Harmonizing
Doctrinal and Dialogic Strategies in Indian Jurisprudence, 4 Indon. J. Int'l & Comp.
L. 91 (2017)

2. Overview of the project


3. The Transgender Persons (Protection of Rights) Bill, 2019 was passed by
Parliament on November 26, 2019. The Bill defines a transperson as someone
whose gender does not match the one assigned at birth. It prohibits discrimination
against them in employment, education, housing, healthcare and other services.
The Bill allows self perception of gender identity. But it mandates that each
person would have to be recognised as ‘transgender’ on the basis of a certificate of
identity issued by a district magistrate. A recommendation from the 2016 Standing
Committee to have a screening committee was rejected. Opposition MPs have
raised concerns about certain provisions in the Bill.
4. India presently does not have a law addressing the rights of the transgender
community (TG Community). In spite of the trauma and agony faced everyday by
transgender persons (TG Person) sometimes on basic necessities such as to
receive education, medical care and employment, little has been done over the
years to alleviate their struggles.
5. The Supreme Court considered it fit to interfere and in 2014 (in National Legal
Services Authority v. Union of India and Others1 (Judgment) observed that: –
6. (i) TG Community has a right to be treated as ‘third gender’; and
7. (ii) The Central & State Governments (Government) should frame welfare
schemes, extend reservations, take measures to provide medical care to the TG
Community etc.
8. The Judgment received widespread praise and was hailed by the media. To give
effect to this decision and address the previous lacuna, previously different laws
were proposed to provide for the betterment of the TG Community, 2 however,
none of them came to fruition. The Government has now again attempted to fill
this void by the Transgender Persons (Protection of Rights) Bill, 2019 (Bill). The
Bill, though is intended to benefit the TG Community, is being heavily criticized
for its fundamental failure to consider existing ground realities.

4. High lights of the main points in the project

5. Your contribution to the topic

6. Conclusion and Suggestions

1
AIR 2014 SC 1863.
2
The Rights of Transgender Persons Bill, 2014, and the Transgender Persons (Protection of Rights) Bill, 2018. Two
other private member bills were also introduced in the Lok Sabha in 2015. These however also lapsed.

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