Open Access Research Article
“TRAVAIL TRAITS OF TRANSGENDERISM IN EMPLOYMENT SECTOR” BY: PARVATHY V & GAYATHRI C.H
Published Paper
Article Details
“TRAVAIL TRAITS OF TRANSGENDERISM IN EMPLOYMENT SECTOR”
AUTHORED BY:
PARVATHY V.
LLM STUDENT,
School Of Indian Legal Thought,
Mahatma Gandhi University, Kottayam,
Kerala.
Contact No: 6282935233
2) GAYATHRI C.H
LLM STUDENT,
Govt. Law College, Kozhikode, Kerala
Contact No: 9061000611
E- Mail: Gayathrisumanasok@Gmail.Com
DECLARATION: We hereby declare that the paper
titled “TRAVAIL TRAITS OF TRANSGENDERISM
IN EMPLOYMENT SECTOR” is original, unpublished and not under the consideration
by any other publication.
ABSTRACT
“There are two sorts of persons of the third nature, in the
form of a woman and in the form of a man. The one in the form of a woman
imitates a woman's dress, chatter, grace, emotions, delicacy, timidity,
innocence, frailty, and bashfulness.” [1]
Even decades later, we must
still consider as to whether we are able to disregard Rousseau's warning that “Man
is born free and is everywhere in chain”. Are we free from societal
ideas and perspectives notwithstanding
ongoing reformations and innovations?
Being at the midst of the 21st century, gender discrimination is
still haunting us, and among those gender discriminations, transgender people
and the persons of the LGBTQ community has been troubled a lot. Rights and issues suffered
by the transgenders is a debatable topic
for long. But the real
question comes, whether it is a
problem of a particular community or the problem
of a society as a whole? After 73 years of adopting the Constitution, it is
pre-ordained to perceive that “We the
People” includes the transgenders also. By keeping an eye on the laws of progressive states, the laws made should be progressive enough to reflect
the concept of equality.
Key words; Constitution,
Transgenders, Equality, Discrimination, Transgender Persons (Protection of Rights) Act, 2019
I.
INTRODUCTION
“It's not just about one person;
it's about thousands of people.
It's not just about me; it's about
all of us accepting one another.
We're all different." --- Caitlyn Jenner
The topic of gender discrimination is a not a recently developed one. The traditional clutches of the gender or gender identities were confined to the thinking
that gender is all about man and women only, while we forgot that
identity and frequently thrusted gender is dominating than identity. Individuals who attempt to
question these types of stereotypical norms through their personalities, sexual orientation or other
tendencies are rejected and treated as “others” and those individuals who don’t fit into the
conventional gender classification of male and female is called Transgenders or Third Gender’s. The issues
of transgenders have a contemporary impact in the present days. Transgender’s is not a newly evolved
concept but if we trace back to the history,
we can find the existence
from the very inception of history. A fine illustration of transgenders was depicted
by Hindu mythology
through Shikhandi. Even in Kamasutra and Veda’s the third gender
was mentioned (Tritiya Prakriti). Hijras were well known for holding
positions in Royal Courts during the Mughal Empire,
they entitled the positions of political advisors,
administrators, generals. They also occupied
influential roles in the Islamic
religious institutions. But later during
the British era, all these privileges were eliminated through the
legislations. Eventually they became vulnerable and were put into the
atrocities.
The term “transgender” is derived from a
Latin word ‘trans’ means to move or moving, An
umbrella term that refers to all identities or practices that cross over, cut across,
move between, or otherwise
queer socially constructed sex/gender binaries[2], it also includes persons whose gender does not match with the gender assigned to
that person at birth and includes trans-man or trans- woman (whether or not such person has undergone Sex Reassignment Surgery
or hormone therapy
or laser therapy or such other therapy), person with intersex
variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta[3]
The experiences shows that they are highly
discriminated in employment sectors. If we go through
the employment aspect
even after the legislative interventions, they are discriminated in private
as well as the public sector.
The dignity of people’s existence, their means of support, and the means
of subsistence are directly referred
by the right to work. The core of each person’s freedom
is their ability to labor. It is the duty of the
states to guarantees these rights. This makes it important to look into the matter that India lacks a
comprehensive framework for all workplace discrimination that might address
all types of discrimination. Through
an in-depth analysis, we can draw a
conclusion that the root causes for all the social exclusion and
discriminations occur due to the conventional
notion and the society is not ready to accept that individuality of each person
makes them who they are and respect
for oneself is demonstrated by the uniqueness and their identity, that cannot be put backed.
The glorious form of individuality happens when “one defines oneself”.
Its high time to have an introspective analysis that Whether Gender equality
means a farce than reality...??
II.
UNWELLING THE TRAVAIL TRAITS IN EMPLOYEMENT
“There are many branches on the tree of life. There
is no one way to be,
and there is room for everyone
to be who they are.”[4]
In the modern industrial set, up workers
left themselves to protect their interest. Therefore, it is the duty
of the states to give them a helping hand. Even though the rights of
transgenders have made inclusive under the societal
norms they are discriminated from al the spheres of the life,
especially in employment
areas. The relevance of the dignity of human labor and the need for their protection has been enshrined in Part III[5] and Part IV[6] of the Constitution. The scared thread of social justice has been used to construct India’s
Constitution. The Preamble’s emphasis on social fairness sets the way for the notion of the “right
to labour”. The right to labour and other essential rights, like the right are adhered. The essence of democracy is
ensuring social justice to all the sections of the society.
This demands the protection of those who cannot protect themselves.
The NALSA[7] verdict
and the Navtej[8] verdict has created greater
impact in the societies even after passing
Transgender Persons (Protection of Rights) Act, 2019
the unwilling realties
are harder than we think. Transgender employees
frequently experience extreme
workplace prejudice. This form of discrimination can take
many different forms, including disrespectful behavior inside de the workplace and untrue rumors about
the gender identification of a transgender employee. Even severe forms of harassment and sexual or physical abuse are possible.
The major pitfall
is with the trans-friendly toilet access. For non-binary people using
either the women’s or men’s toilet
room might feel unsafe. With regard to the hiring discrimination unlawful
discrimination against worker because of gender reassignment includes less favorable treatment, fewer opportunities
from promotion and training or dismissal.[9]
The Kochi Metro Ltd. during 2017 announced
that the first group of 23 trans people. It was quiet despairing that after two years
of recruitment the trans work force
has dropped from 43 to 11 and many quiet jobs after two months of joining. The unprecedent issues faced by them were due to adequacy of gender specific
washrooms, accommodation problems,
commuting cost, unfriendly approaches of the passengers, lack of satisfaction of the work environment.[10] Adam
Harry[11], recently
received a temporary victory when the Directorate General of Civil Avi action (DGCA) asked him to reapply for the medical
evaluation necessary for continuing his training to become an airline piolet.
Two years earlier,
he had been informed that hormone therapy
for gender transition made him unfit to fly.
The labour laws in India are very much binary for gender recognition. Discrimination (Employment and Occupation) Convention, 1958 imposes an
obligation on ratifying States to declare and pursue a national policy
that aims to promote equality
of opportunity and treatment in respect
of employment and occupation. India being a ratifying state needs to address lot of grey areas to provide benefits in an egalitarian view as the
cisgenders. The Form 'D’ of the Equal Remuneration
Act, 1976, which requires the employees to maintain a register for entering
their gender information, where the biological sexes have been limited to man and women only. It is be noted that all the labour laws which
prohibits discrimination between men and women have to be extended to the transgender’s also and
transgender empowerment must be made by controlling their own lives as they
wish.[12]
III. SEX REASSIGNMENT AND GENDER DISCRMINATION AT WORKPLACE
“I am what I am,
so take me as I am”- Johann Wolfgang
Gender discrimination at
workplace is not a new concept. Sex change have also made impact on the employment sphere, there is greater
chances of discrimination towards the employees who have changed the assigned gender at birth[13]. In Voyles
v. Ralph Davies Medical Centre[14],
A women staff of a medical Centre
informed the director that she wished to undergo sex conversion surgery. Shortly thereafter, she was discharged
from service on the ground that such a change
might have a potentially adverse effect on the patients
receiving and co-workers looking after those
patients. By invoking the provisions of Civil Rights Act 1964[15], it is an unlawful employment practice "to fail or refuse to hire, or to
discharge, any individual or otherwise to discriminate
against any individual because of such individual's sex". The court
held that the Act did not embrace any
transsexual discrimination, or any permutation or combination thereof spoke of discrimination on the basis of sex and made no mention
of change of sex or of sexual preference. Although gender identity discrimination
is not expressly prohibited by the federal law, The Equal Employment Opportunity Commission has
stated that employers who violates Title VII of the Civil Rights Act, 1964 forbids sex discrimination. This opinion was given in relation to Bostock v. Clayton Country[16], where a transgender woman was turned down
for a job with the federal government
after it was discovered she had undergone a transition. In Richards v. U.S. Tennis Association[17], Renee Richards, a ranked male tennis player
in the men’s age group of 30 and older,
underwent sex change surgery to
become a woman. Following the procedure, it was aimed to complete in the US opens women’s singles division. The tennis association required her to take.
and pass a chromosomal test before granting
her such authority. This was deemed by the court to be “grossly unfair, discriminatory, inequitable and in violation
of her rights”[18].
IV.
LAW v. REALITY
The identity is pivotal to one’s being. Life bestows
honor on it and freedom
of living, as a facet of life, expresses genuine desire to have
it. identity is the filament of life. Identity is equivalent to divinity. Social exclusion, identity
seclusion and isolation from the social mainstream are still the stark
realities faced by individuals today and it is only when each and every individual is liberated from the shackles of such bondage and is
able to work towards full development of his/her personality that we can call ourselves a truly free society.[19] Gender identity
refers to each person’s deeply felt internal and individual
experience of gender, which ,ay or not correspond with the sex assigned at birth, including the
personal sense of the body which may involve a freely chosen, modification of bodily appearance or
functions by medical, surgical or other means and other expressions of gender,
including dress, speech
and mannerisms.[20] Every citizen
has a right to take part in the conduct
of public affairs
, equal access
to all levels of public
service and implementation in public functions without discrimination on the basis of sexual orientation or gender identity.[21]
The Transgender Persons (Protection of
Rights) Act, 2019[22] provides that, it is the duty of the appropriate
Government shall take the following measures in relation to transgender
persons, namely- ; to provide for
medical care facility including sex reassignment surgery and hormonal therapy[23]; medical expenses
by a comprehensive insurance scheme
for Sex Reassignment Surgery, hormonal therapy, laser therapy or any other health
issues of transgender persons[24]. If the right to health
under Article 21 is given in its true meaning
then how can we justify
the suicide of the trans
activist Ananaya Kumari.[25]? The exclusion of transgenders in the
provision of rations during the Lockdown[26] shows the strange silence
of the authorities to them.
Transgender Act, 2019 has been enacted after
5 years of the NALSA verdict. When the SC has
widened its wings to shield
to the transgenders the legislature failed to do so. The NALSA verdict
incorporated certain progressive measures by including reservation
policies for the transgender community
with regard to education and public employment. The legislative attempt towards providing
reservation to transgender has fallen short
due to the absence of any provision pertaining to
reservation in the Transgender Persons (Protection of Rights) Act, 2019.
It also noted that transgender persons have been systematically denied their right
to access public places and have not
been afforded their rights under special provisions of the Constitution i.e.,
Articles 15(4) and 16(4), which are
for the advancement of socially and educationally backward classes. However, the Court did not spell out how
transgender persons should be accommodated under the existing reservation scheme. In order to work this out, a first step would
be to clarify whether a transgender reservation quota would be treated
as a vertical or horizontal scheme.[27] In February
2021 the Union
Minister of Social
Justice and Empowerment Thawar Chand stated such reservation proposal may not be available in the near future. This
is a gross violation of the NALSA judgement and a great agony when the legislature is shutting its eye towards
the most oppressed community.
Judiciary has been always a helping hand for the citizens
when they are denied justice. With respect
to the transgender community our country witnessed two revolutionary approaches
in the year 2014 and 2018. In National Legal Services
Authority v. Union of India 21 the petition was filed by the National Legal
Services Authority of India (NALSA) to legally recognize persons who fall
outside the male/female gender binary, including persons who identify as “third
gender”. The Court had to decide whether persons who fall outside the
male/female gender binary can be legally recognized as “third gender” persons.
It deliberated on whether disregarding non-binary gender identities is a breach
of fundamental rights guaranteed by the Constitution of India. This was a landmark decision where the apex
court legally recognized “third gender”/transgender persons for the first time
and discussed “gender identity” at length. The Court recognized that third
gender persons were entitled to fundamental rights under the Constitution and
under international law. Further, it directed state governments to develop
mechanisms to realize the rights of “third gender”/transgender persons.
The Court interpreted ‘dignity’ under Article 21 of the
Constitution to include diversity in self-expression, which allowed a person to
lead a dignified life. It placed one’s gender identity within the framework of
the fundamental right to dignity under Article 21. Further, it noted that the
right to equality (Article 14 of the Constitution) and freedom of expression
(Article 19(1)(a)) was framed in gender-neutral terms (“all persons”).
Consequently, the right to equality and freedom of expression would extend to
transgender persons. It drew attention to the fact that transgender persons
were subject to “extreme discrimination in all spheres of society” which was a
violation of their right to equality. Further, it included the right to express
one’s gender “through dress, words, action, or behavior” under the ambit of
freedom of expression.
Under Articles 15 and 16, discrimination on the ground of
“sex” is explicitly prohibited. The Court held that “sex” here does not only
refer to biological attributes (such as chromosomes, genitalia and secondary
sexual characteristics) but also includes “gender” (based on one’s
self-perception). Thus, the Court held that discrimination on the ground of
“sex” included discrimination on the basis of gender identity. Thus, the Court
held that transgender persons were entitled to fundamental rights under
Articles 14, 15, 16, 19(1)(a) and 21 of the Constitution. Further, the Court
also referred to core international human rights treaties and the Yogyakarta
Principles to recognize transgender persons’ human rights. This is a landmark
decision because it is the first to legally recognize non-binary gender
identities and uphold the fundamental rights of transgender persons in India.
The judgement also directed Central and State governments to take proactive
action in securing transgender persons’ rights.
Navtej Singh Johar v. Union of India22, “History owes an apology to the members
of this community and their families for the delay in providing redress for the
centuries of ignominy and ostracism.” It was held that the main objective
behind retaining section-377 is to protect women and children
from being abused and harasses by carnal intercourse but consensual carnal
intercourse which is performed by the LGBT community is neither injurious to
children nor women. Moreover, non-consensual acts have already been referred to
as an offence under section-375 of IPC which implies
that section-377 is redundant and discriminative towards one
section of the society and is therefore violative of Article 14 of
the Indian Constitution rendering it unconstitutional.
Our
Constitution being liberal, it is not possible that right of choice will be
absolute. Therefore, some restrictions have been imposed on the principal of
choice. However right of choosing a partner for intimate relations is
completely a matter of personal choice which cannot be restricted.
Whereas section-377 of the Indian Penal Code restricts the
right of LGBT community of choosing a partner for sexual matters and is
therefore irrational and arbitrary. Public order, decency and morality are
the grounds which can impose reasonable restriction on the fundamental right of
expression. Any act done in affection by the LGBT community in public does not
disturb the public order or moral values until it is decent enough and is not
obscene. However, section-377 is again unconstitutional in the
sense that it does not connect with the criteria of proportionality and is
violating the fundamental right of
expression of LGBT group.
It doesn’t matter how minuscule is the
LGBT section, they also have the right to privacy which includes physical
intimacy. Their choice of partner might be different, but it does not mean they
will be prosecuted for that. Section-377 does curtail their
human dignity and their personal choice, therefore violating their right to
privacy which is covered under Article 21. The Supreme
Court declared that section-377 is unconstitutional as it
violates Articles 14, 15, 19 and 21 of
the Indian Constitution.
V.
CRITICAL REFLECTION OF THE
TRANSGENDER PERSONS (PROTECTION OF
RIGHTS) ACT, 2019
Law
acts as the representation for the social transformation and has become an
instrument for the progress of our
society. Law has been rebuilt towards this purpose around the concept “non- discrimination”, which absorbs the entire
sections of the legal logic. The first move in the legislature was initiated by Tiruchi Siva,
Member of Parliament introduced a private member bill in the Lok Sabha, and which was unanimously passed by the
Council of States but was never debated in the Lok
Sabha.
After the historic approach of the honorable Supreme Court in the NALSA
case the Transgender Person Bill
(Protection & Rights) was introduced by Thaawarchand Gehlot Minister of
Social Justice and empowerment. The
bill was strongly opposed by the opposition was referred to the Standing Committee and was passed on 17th
December 2018 in the Lok Sabha. The Transgender person Bill 2016 was vehemently opposed by the transgender
community as it violated their right to
self-identity which is a fundamental right under the Constitution of India.
Subsequently, the government tabled
the Transgender Persons (Protection of Rights) Bill, 2016 (Bill No. 210 of 2016), on 2 August 2016[28].
After
the Navtej Singh Johar[29]
judgement in 2018, the Minister of Social Justice and welfare another
Transgender Persons Bill (Protection & Rights) Bill, 2019which later became an Act as it received president assent on 5th
December 2019 and has been effect since 10th January 2020. Sec. 3 of the Act, 2019 defines a transgender person as “a person whose gender
does not match with the gender
assigned to that person at birth and includes trans-man or trans-woman (whether
or not such person has undergone Sex Reassignment Surgery
or hormone therapy
or laser therapy
or such other therapy), person with intersex
variations, genderqueer and person having
such socio-cultural identities as kinner, hijra, aravani
and jogta. The definition is not absolute because the intersex variations are sometimes considered
under the term transgender.[30]
“The Constitution is a dynamic
document, having the primary objective of establishing a dynamic and inclusive society”[31].
The egalitarian constitutional view has been upholding by the judiciary through its revolutionary interpretations and now it’s in the hand of the
society to implement the true
essence of the spirt of the Constitution by upholding the true spirt of
inclusiveness and diversity. In 2019
the much need first transgender legislation came into force.
Self-determination
Challenge- The Act guarantees to transgender persons the “right to be recognized as such, in accordance with the provisions of this Act[32].” The statement “in accordance
with the provisions of this Act then where
stands self-perceived gender
identity? Such recognition will be contingent upon the application
to a District Magistrate, “in such form and manner, and accompanied with such documents, as may be prescribed[33].”
It is required that the Magistrate “to
issue a certificate of identity following the procedures as may be prescribed”[34].
It is only upon such recognition
that the transgender person shall have the right to their “self-perceived
gender identity. This provision could sometimes lead to
bureaucratic discrimination because there is no provision of appeal
is provided if the magistrate denies the certificate, adhering to this concern the Karnataka
High Court in Christna Lobo v. The State
of Karnataka, ruled that a
transgender person does not have to get a District
Magistrate’s certificate to request a name and gender change
on their documents, even if they make the request after the coming into
effect of the Transgender Persons
(Protection of Rights) Act, 2019, so long as they have their identity recorded
prior to the Act becoming operational.[35]
Non-Discrimination
Challenge-Section 3 of the Act sets out the non-discrimination
provisions against the trans gender
persons; it prohibits discrimination against the trans individuals in various domains,
such as provisions of services, education, health care, housing
etc. The Act only imposes
certain set of standards to be followed
and there is no remedy or redressal
mechanism provided for the violation of the same.
However,
the Act provides no penalty or remedy for the breach of these provisions. While imposing obligations upon private
individual to behave in certain discriminatory ways against other private individuals, there must
exist an enforcement mechanism to make those obligations meaningful. A second set of challenges flow from section 18 of
the Act, which prescribes punishment up to two years imprisonment for a series of offences
against the transgender individuals, similar offences in other contexts like bonded
labor rape have fair more severe penalties
as to realize the deterrence. Since the transgender community is already
particularly suspectable to these
sorts of coercion and violence, its outrightly discriminatory to form the punishment lighter under this Act.
The
Act sets out certain obligations for
all the establishments for prohibiting discriminatory approaches[36]
against the transgenders at employment through equal opportunity, requirements, benefits,
wages etc. Designating and appointing complaint
officer to enquire
into complaints filed
by transgender employees and submit reports of the enquiry within the
timelines. Also, it will be beneficial
to revamp and amend their existing human resource policies and make efforts
towards training and sensitizing
their employees.[37] The
post NALSA era opened the doors of various employment
opportunities, though there exist, many hurdles towards inclusiveness in the corporate world. However, there are various
corporate entities31 who have made sexual orientation and gender diversity a new
normal through their policies.[38]
The various inclusive policies are
(i) Equal opportunity policy (ii) Same-sex partnership benefits (iii)
Gender-neutral adoption leave.[39]
VI.
CONCLUSION
“Law cannot
be law unless it imbibes
within itself the ideals of justice and equity. Any Enactment devoid of the object of substantive fairness
can never beautified the grounds of meeting procedural fairness alone.”[40] Transgender people are constantly subjected to many sorts of social oppression. Discrimination is so pervasive and pronounced that it affects
even basic needs like healthcare,
work,
and education, making social inclusion a challenge. It is highly necessary to
take actions to address the unfortunate situation and promote social
inclusion for the people in this neighborhood from both a legal and social perspective. Social inclusion will
undoubtedly be a gradual process that
calls for collaboration between the government, society, and individuals. To
ensure that laws and regulations
work as a stimulant for their development rather than a barrier to it in the
future, it is necessary to take
cautious moves in the right direction. Article 15(3) of the Constitution Provides empowers
the Parliament to legislate special
laws for women and children
by considering them as vulnerable groups. If women are
considered to be vulnerable, then transgenders are the most highly discriminated
and vulnerable groups. This social situation demands a need for inserting an anti-discrimination clause to the Constitution of India for the protection of the transgenders.
The
paper further suggests that there needs an anti-discrimination policy to be
enacted separately either by way of legislation or as a public policy
guideline. The employer
of each workspace
with transgender should bear
the responsibility for their protection of them rather than vesting it at the shoulders of the government. Both
private and public enterprises should provide transgender friendly atmosphere and must ensure that they are not discriminated in any way. The
proper government authorities should
ensure that the enterprises accommodating transgender employees have the adequate necessities like
separate toilet facilities, working atmosphere, whether proper wages
and salaries are provided for them, whether they are treated equally with other
employees etc.
Persons
who identify as transgender and persons with different sexual orientations
experience intolerance, discrimination, and social isolation. The reasons for this isolation range from personal
to the most prevalent social incomprehension. While the judiciary has
made a great effort to eliminate the
stigma associated with the third gender, it is now our time to understand the
full significance of this decision
and give it priority in its implementation. Throwing money at hijras in an effort to drive them away not only
degrades these people even curs are treated better by the love of mankind
but also the fundamental tenants
of humanity. Such behaviors will only force the transgender community to toil and struggle
in the same pit of humiliation that they have been experiencing for
years.
[1] Gosvami
Prasad Shastri (ed), The Kamasutra ,1929, (The Chowkhamba Sanskrit Series
Office, Vidya Vilas Press Benaras, 1929).
[2] Susan Stryker, “The Transgender
Issue: An Introduction,” 2, GLQ: A
Journal of Lesbian and Gay Studies, 149, (1998).
[3] Transgender Persons (protection of Rights) Act, 2019, Section 3.
[4] Sushma and Seema Agarwal v. Commr of Police,
W.P. NO. 7284 OF 2021MAD HC.
[5] Indian constitution, Articles 16,19,
23, 24
[6] Indian constitution, Articles 39, 41, 42,
43, 43A, 54
[7] National Legal Services Authority
v. Union of India and others, (2014) 5 SCC
438
[8] Navtej Singh Johar v Union
of India, AIR 2018 SC 4321.
[9] Michelle Dietert & Dianne
Dentice, Gender Identity Issue and Workplace Discrimination: The Transgender Experience”, 14, Journal of Workplace
Rights,123, 2009.
[10] Sibi K I, “Major Concerns of Transgender Employees in Kochi Metro Train Service
Work Environment”, 4, Journal of Emerging Technologies and Innovative Research, 717, 2017.
[11] Harry, A south African Private Piolet License holder,
was accepted into Rajiv Gandhi
Academy for Aviation
Technology in Thiruvananthapuram under the Welfare Program
for Transgender by Government of Kerala
[12] Madhu Damodaran Animy Singh,
Transgender Persons &Labour Laws, https://www.simpliance.in/blog/transgender-persons-and-labour-law/, last visited (May 2,
2023)
[13] Ilona M. Turner, “Sex Stereotyping
Per Se: Transgender Employees and Title VII”, 95, California Law Review, 563,2007.
[14] Voyles v. Ralph Davies Medical Centre, 403 F. Supe ,
403 F. Supp. 456 (1975).
[15] Title VII of the Civil Rights
Act 1964 prohibits employment discrimination based
on based on race, color,
religion, sex (including
pregnancy, sexual orientation, and gender
identity), or religion.
[16] Bostock v. Clayton Country, 2020 WL 31466816Richards v. U.S. Tennis Association, 400 N.Y.S. 2d 267 (1977)
[17] Kusum, “Legal Implications of Sex
Change Surgery”, 25, JILI Institute, 86, 1983.
[18] Navtej Singh Johar v Union
of India, A.I.R. 2018 SC 4321.
[19] National Legal Services Authority
v. Union of India and others, (2014) 5 SCC
438
[20] Yogyakarta Principle 25.
[21] National Legal Services Authority
v. Union of India, A.I.R 2014 SC 1863
[22] Navtej Singh Johar v. Union of India, A.I.R 2018 SC 4321
[23] Transgender Persons (protection of Rights) Act, 2019, Section 15 (b)
[24] Transgender Persons (protection
of Rights) Act, 2019, Section 15 (g)
[25] Ananya Kumari is a transgender candidate to contest in the
State Assembly election, who committed suicide due to the distresses of her Sex Reassignment Surgery done at Private hospital in Kerala.
[26] Kabeer C Alias Aneera Kabeer vs. State of Kerala, WP(C). NO.9890 OF 2020(S), The
Kerala High Court took up a PIL moved for the welfare
of the transgender community amid the COVID-19
lockdown, which has raised
concern that transgender persons are being
excluded in the provision of rations during
the lockdown.
[27] Sakshi Parashar, “INCLUSION OF TRANSGENDER COMMUNITY WITHIN
SOCIALLY AND EDUCATIONALLY BACKWARD
CLASSES: EXAMINING THE DEEPER CONCERNS”, 2, JILI, 118, 2017.
[28] Ministry of Social Justice and
Welfare,” Transgender Persons (Protection of Rights) Bill, 2016”, available at https://www.prsindia.org/billtrack/transgender-persons-protection-rights-bill-2016 ,
last accessed on (May 2, 20223)
[29] Navtej Singh Johar v Union
of India, AIR 2018 SC 4321.
[30] Dr.
Shannu Narayanan, “Envisaging Inclusiveness through Transgender Persons Rights Law in India”, 4,
IJLMH,
410, 2021
[31] National Legal Services Authority
v. Union of India and others,
(2014) 5 SCC 438
[32] Transgender Persons (protection of
Rights) Act, 2019, sec 4.
[33] Transgender Persons (protection of
Rights) Act, 2019, sec 5.
[34] Transgender Persons (protection of Rights)
Act, 2019, sec 6.
[35] CHRISTNA LOBO V. THE STATE OF KARNATAKA, WRIT
PETITION NO:8024 OF
2020
[36] Transgender Persons (protection of Rights) Act, 2019, Section
3 (b), (c)
[37] DR. SHANNU NARAYAN, Envisaging Inclusiveness through
Transgender’s Persons Rights Law in India, 4, IJLMH, 413, 2021.
[38] R Mitra and V Doctor, “Passing
in Corporate India: Problematizing Disclosure of Homosexuality
at the Workplace”, 321, Springer International Publications,
2016)
[39] Supra n 37. at 414.
Article Information
“TRAVAIL TRAITS OF TRANSGENDERISM IN EMPLOYMENT SECTOR” BY: PARVATHY V & GAYATHRI C.H
Authors: PARVATHY V, GAYATHRI C.H
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/06/14
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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