Courts Recognizing Transgender Rights

by Admin
March 1, 2017
Research
Gender & Sexuality

In an article published in the Oxford Human Rights Hub, Jayna Kothari and Diksha Sanyal discussed the legal landscape of transgender rights in India, referring in particular to the recent amendment of Section 36A of the Karnataka Police Act.

Section 36A, a remnant of the draconian Criminal Tribes Act 1924, was widely regarded as discriminatory and resulted in the community being systematically profiled and criminalised. Diksha Sanyal argued its use of the derogatory term ‘eunuch’ legitimised routine harassment by the police and was a tool to commit “a serious form of violence against transgender people and sexual minorities”. This contravenes their fundamental rights to equality, liberty, life and dignity guaranteed under the Constitution.

Jayna Kothari asserted that the amendment of Section 36A represents a worthy victory for social activists who have been fighting for recognition and equality and will provide a greater scope “to rally against oppressive laws and has opened the doors for the community to access the courts”…

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