Rights of Transgenders at Workplace, Challenges, and Future Prospects An Empirical Analysis

  • Khushbu Maheshwari and Dr. Pradeep Kulshreshtha
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  • Khushbu Maheshwari

    Research Scholar at Bennett University, Greater Noida, India

  • Dr. Pradeep Kulshreshtha

    Dean at School of Law, Bennett University, Greater Noida, India

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Abstract

Work can be tough for everyone, but for transgender individuals, it can be even harder due to unfair treatment as compared to others. Transgender person tries to hide their identity because of fear of discrimination, which do also limit their career opportunities. As being one of the sexual minorities, they are afraid of revealing their true identity due to inherent fear of agony and exploitation. However, the NALSA(full form) Judgment has paved the way for their recognition as Third gender. The Indian Justice system has done its part by following the best rule i.e “Salus populi suprema lex”. It is to be understood that Transgender people are not just a part of society but they are an integral thread in the fabric of our humanity. The epics of Ramayana and Mahabharat are proof of their importance and evidence of their traces in the Indian culture. The Supreme Land of Law is to be circumscribed around the grundnorm of equity and equality as both are very essential human rights and fortunately the Constitution of India guarantees the same to the people of country. Article 15(3) of Indian Constitution states that “State can take steps or make law for improving the condition of women and children”. Hence, the same analogy should also be drawn to empower the Transgender Community. The NALSA Judgment pronounced by the Supreme Court of India discussed about many rights which shall be provided to transgender community, and one of which is related to the Workplace Equity. This paper will be focusing and dealing with the Transgender equity at workplace with Sociological aspect. This paper would also emphasis on two models which is currently followed in other countries known as PIE (Protection, Inclusion and Equity) Model and AAPCE (full form) Model. The focus of these models would be creating a more inclusive and supportive workplace environment for transgender people, because enhancing transgender equity and equality at workplace can lead to positive job outcomes and nationwide development. This research paper will be having doctrinal and empirical study as well to understand the root cause and current scenario.

Keywords

  • Transgender
  • Human Rights
  • right to livelihood
  • right to work

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 1307 - 1325

DOI: https://doij.org/10.10000/IJLMH.119802

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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