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6 Indian J.L. & Pub. Pol'y 1 (2019-2020)
The Transgender Persons (Protection of Rights) Bill 2019: Divergent Interpretations & Subsequent Policy Implications

handle is hein.journals/ijlpp6 and id is 15 raw text is: 




     THE   TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL 2019
  DIVERGENT INTERPRETATIONS & SUBSEQUENT POLICY IMPLICATIONS

                                                  -Abhimanini Sawhney & Sara Grover*



A popular government  without popular information or the means of acquiring it, is but a

Prologue  to a Farce, or  a Tragedy; or perhaps  both. Knowledge  will forever govern

ignorance: And a people who mean to be their own Governors, must arm themselves with the
power which knowledge gives.

                                                             -James Madison

    I.    INTRODUCTION

The  Lok Sabha recently passed the Transgender Persons (Protection of Rights) Bill, 2019.
This springs from not less than 3 versions of the bill passing through Parliament - the 2014

Transgender Persons (Protection of Rights) Bill, the 2016 Transgender Persons (Protection of
Rights Bill) and the 2019 Transgender Persons (Protection of Rights) Bill. Transgendered

persons are a section of our population that have long since faced discrimination and unfair
treatment. The new bill is the first formal protective measure they have in a progressive legal
system and is long-awaited.

This article aims to explore the needs of the transgender community and to understand their
expectations and desires from the government. It then looks at the 2019 bill to see whether

the government has met the aforementioned desires, and suggests policy alternatives for the
same.  In Section II, the paper explores the wishes of the trans community. Section III
evaluates the bill and its provisions along with the relevant cases and aims to provide a

complete picture of the nation's stance on transgendered persons. It also proposes alternatives
and gives suggestions to improve the existing policies. It therefore critiques the 2019 Bill

through the lens of the Bill's addressal of the desires and problems of the transgender
community.






* Authors are currently pursuing Masters in Public Policy at St. Xavier's College, Mumbai.
1 James Madison, 'To WT Barry' in Gaillard Hunt (ed), The Writings of James Madison (stedn GP Putnam's
Sons New York 1990) vol. 9, 1910, para 2.


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