The TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT 2019 implements the:
Aonly economic rights (cf. Transgender Persons (Protection of Rights) Act 2019; NALSA v UoI (2014) 5 SCC 438) (cf. Transgender Persons (Protection of Rights) Act 2019; NALSA v UoI (2014) 5 SCC 438)
Bonly marriage rights (cf. Transgender Persons (Protection of Rights) Act 2019; NALSA v UoI (2014) 5 SCC 438) (cf. Transgender Persons (Protection of Rights) Act 2019; NALSA v UoI (2014) 5 SCC 438)
Conly religious rights (cf. Transgender Persons (Protection of Rights) Act 2019; NALSA v UoI (2014) 5 SCC 438) (cf. Transgender Persons (Protection of Rights) Act 2019; NALSA v UoI (2014) 5 SCC 438)
DNALSA v UoI (2014) judgment recognising transgender persons as 'third gender' with constitutional rights; provides legal recognition, protection against discrimination, and welfare measures
Answer & Solution
Correct answer: D. NALSA v UoI (2014) judgment recognising transgender persons as 'third gender' with constitutional rights; provides legal recognition, protection against discrimination, and welfare measures
1. The Transgender Persons (Protection of Rights) Act 2019 was enacted in pursuance of the NALSA v UoI (2014) judgment.
2. KEY PROVISIONS:
3. (i) DEFINITION of transgender (Section 2(k));
4. (ii) PROHIBITION of discrimination in education, employment, healthcare, public goods/services;
5. (iii) RIGHT TO SELF-PERCEIVED GENDER IDENTITY;
6. (iv) Certificate of identity issuance by District Magistrate;
7. (v) Welfare measures including separate HIV surveillance centres, transgender homes;
8. (vi) National Council for Transgender Persons.
9. The Act has been criticised for requiring District Magistrate certification (contradicting NALSA's self-determination), penalties less than for other gender-based crimes, etc.
10. Hence option B is correct.
_Source: International HR Treaties + Indian Constitutional Jurisprudence — Transgender Persons (Protection of Rights) Act 2019; NALSA v UoI (2014) 5 SCC 438_
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