Trancending Binary Constraint: Legal Binarism and its Ramnifications on Transgender Employment in India
Keywords:
Transgender, Binary, Law, EmploymentAbstract
Transgender People (Protection of Rights) Act, 2019 provides a back to Indian laws for the protection of the interests of transgender people. Many laws are made to protect transgender people from exploitation and therefore it is important to look into loopholes in these laws. The Factory Act, of 1948 needed some changes regarding the welfare and protection of transgender people so that these acts also included inclusivity and equal protection of transgender people. Though menstrual leave in India is not of that great importance and as a third-world country these issues are mostly ignored therefore Indian lawmakers need to understand that it is better to know their grey areas and work on them. Many transgender men do not undergo sex reassignment surgery therefore still on their menstrual periods. These lawmakers should know how and why it is important to include transgender people in such acts, inclusivity is not something that we can achieve within one or two days it is the collective effort of everyone. This paper focuses on the Labour codes which are not out yet so what changes do they need and how binary forms of laws can be more inclusive.
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References
1. Resham Jain, Transgender Law: A step towards an inclusive workplace, available at:
<https://www.psalegal.com/ transgender-law-a-step-towards-an-inclusive- workplace/#> (last visited on 12th February, 2024).
2. The Transgender People (Protection of Rights Act, 2019).
3. The Factory Act, 1948.
4. National Legal Service Authority v Union of India, AIR 2014 SC 1863.
5. The Constitution of India, 1950.
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