Critical Analysis of Access to Health Services to the Transgender Persons under the Transgender Persons (Protection of Rights) Act, 2019

  • Mydhili R S
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  • Mydhili R S

    LL.M Student at Central University of Tamil Nadu, India

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The transgender population in India got legal recognition as the third gender through the NALSA judgment. The judgment has directed the central and state governments to grant legal recognition to their gender identity and to adopt appropriate measures. As a result, The Transgender Persons (Protection of Rights) Act, 2019, and the Transgender Persons (Protection of Rights) Rules, 2020, came into existence. The objective of the Act is to provide for the protection of the rights and welfare of transgender persons. Section 2(k) of the Act defines ‘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 Affirmation Surgery or hormone therapy or laser therapy or such other therapy), a person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta.”. This paper primarily aims to increase the understanding of the health rights of transgender persons in India. Section 15 of the Act provides for healthcare facilities. This section is a mandatory provision, but still, it is not effectively implemented. Most of the government hospitals are not equipped to meet the medical need of the community; on the other hand, private hospitals are imposing a huge amount for the same. Here, this paper analyses the Transgender Policy of the Government of Kerala and looks into the steps taken by the Social Justice Department for the welfare of the community. Section 15(d) of the Act provides for bringing out a Health Manual in accordance with the WPATH guidelines. The paper further study how the Indian health standards are in consonance with international health standards for meeting the health rights of transgender persons.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 689 - 698


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