Indian Supreme Court accepts trans lawsuit against new trans rights law

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01/28/2020

The Supreme Court issued a notice to the central government on Monday on a petition alleging that a legislation drafted to protect transgender persons was violative of their rights. The plea filed by advocate and trans activist Swati Bidhan Baruah challenged the validity of the Transgender Persons (Protections of Rights) Act, 2019, arguing that it treats the trans community with suspicion and reinforces prejudices against them. The petitioner said the Act, instead of furthering or protecting the rights of transpersons, violates their right to equality, life and privacy under Articles 14 and 21 of the Constitution. Sections 4 to 6 of the Act provides for a method of state identification of transpersons by a process of certification by a district magistrate. This, the petitioner submitted, is violative of rights to self-identification of gender, which is part of right to life under Article 21 as recognised in the 2014 judgment of the Supreme Court in NALSA v Union of India.

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