From Codification to Realisation of Rights: Analysing Interplay of Transgender Persons (Protection of Rights) Act, 2019 with Constitutional Hermeneutics and its Jurisprudential Aftermath

By : Jasper Vikas , Prem Chand

Page No: 1-23

Abstract
In 2019, the Transgender Persons (Protection of Rights) Act, 2019 (hereinafter, TPPRA, 2019) granted transgender persons a constitutional identity within India’s democratic framework. This aligns with the constitutional vision of social justice, equality, and liberty. The paper applies constitutional hermeneutics to examine how the Act resonates with principles of liberty, equality, and dignity while addressing its role in challenging entrenched socio-political structures that marginalize transgender persons. It explores the historical and contemporary contexts of legal recognition, evaluates landmark judicial pronouncements, and identifies persisting social and legal gaps. Further, it analyses the inconsistencies in implementing the Act and its impact on health rights, education, and transport access–rights essential to a dignified life. The study ultimately proposes a pragmatic approach to realising transgender rights beyond mere statutory recognition.

Authors:
Jasper Vikas: Associate Professor of Law at National Law University, New Delhi.
Prem Chand: Associate Professor of Law and Executive Director, Centre for Law & Urban Development at National Law University, delhi, New Delhi.