Transgender Persons and The Law: A Commentary

Transgender Persons and the Law: A Commentary is a section-wise commentary on the Transgender Persons (Protection of Rights) Act, 2019 (TPPR Act), and includes material incidental to the topic. Parliament has enacted this law with the aim to protect the rights of transgender persons and ensure their welfare and is a culmination of the Supreme Court judgment in the NALSA case (2014).

The Supreme Court in the NALSA case [(2014) 5 SCC 438] directed the Central Government and State Governments to take various steps for the welfare of the transgender community and to treat them as a third gender for the purpose of safeguarding their rights under Part III of the Constitution and other laws made by Parliament and the State Legislature.

Apart from including Indian case laws, which have evolved so far, the authors have included foreign cases to enrich this commentary. Further, Transgender Persons (Protection of Rights) Rules, 2020 is included as an appendix.

This commentary will be useful for legal practitioners, students, academicians, researchers, and anyone interested in reading about this topic.

Extract from the Foreword

The authors have given a nice interpretation and in the process, they have discussed various judgments of different jurisdictions as well. A reader will get fairly a good idea of what this enactment seeks to achieve.

I admire the efforts of the authors of making the TPPR Act, 2019 understandable to all stakeholders. The language used in the commentary does not suffer from a legalistic approach and can be understood by laypersons as well.

Justice A.K. Sikri
Former Judge, Supreme Court of India

Extract from the Special Appreciation

I must commend the authors for undertaking the task of analyzing these provisions and trying to give legal context and color to the dry text of legislation in a virgin field.

Dr. G.B. Reddy is an established author who has enriched legal literature and his co-author (Baglekar Akash Kumar) is a prolific author.

Harish N. Salve
Senior Advocate and Former Solicitor-General of India

Table of Cases

Introduction
1. Preliminary
2. Prohibition Against Discrimination
3. Recognition of Identity of Transgender Persons
4. Welfare Measures by Government
5. Obligation of Establishments and Other Persons
6. Education, Social Security and Health of Transgender Persons
7. National Council for Transgender Persons
8. Offences and Penalties
9. Miscellaneous

Appendices
I. Transgender Persons (Protection of Rights) Rules, 2020
II. Important Notifications
III. Guidelines/Advisories

Subject Index