Trans Equality in India : Affirmation Of The Right To Self-Determination Of Gender

In this paper published by NUJS Law Review, Jayna Kothari, Senior Advocate & Executive Director argues that the verdicts in NALSA and Navtej had the negligible impact on preventing deprivation of basic rights and legal recognition for the transgender community. She examines how the right to life also includes the right to bodily integrity which precludes the reliance of a medical model to decide gender identity, as is required in Indian law at present, and examines Indian and comparative jurisprudence on this issue. She argues to abolish a medical model of gender identity recognition, in favour of a re-affirmation of the right to self-determination of gender identity and in rejection of the claim of misuse and fraud which has been used frequently in India without any empirical data. In doing so, she suggests we move towards a transformative equality model which embraces principles of dignity, bodily integrity, self-determination and privacy.