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In Jane Kaushik v. Union of India (2025), the Supreme Court advanced transgender rights in India, holding both State and private actors accountable for discrimination. The Court expanded “reasonable accommodation” as a core constitutional duty, demanding structural change for equality and dignity.
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The Rights of Transgender Persons Bill, 2014 [“2014 Bill”] was passed as the first private member Bill in four decades in April 2015. Subsequently, the Transgender Persons (Protection of Rights) Bill, 2018 [“2018 Bill”] was passed on 17 December 2018 despite fervent objections from the transgender community regarding its problematic provisions. The 2018 Bill, which is currently before the Rajya Sabha, is a volte face on the rights that were guaranteed in the 2014 Bill.
