While recognising the right to self-identify, the Supreme Court had said that Article 21 of the Constitution protects one’s right of self-determination of the gender to which they belong.
However, provisions of the Transgender Persons (Protection of Rights) Act, 2019 have come under criticism for not recognising this right in its true essence.
As per Section 4 of the Act, a transgender person has the right to be recognised only as a ‘transgender’ and not as male, female, transgender or other. The Act also requires one to undergo surgery to change their gender, followed by an application to the district magistrate, who will later issue a certificate indicating a change in gender of the person if satisfied with the “correctness of such certificate”.
However, the Central government has maintained that the Act safeguards trans persons against discrimination. It was their stand before the Karnataka High Court that the law protects transgender persons by recognising self-perceived gender identity. How this will pan out in practice remains to be seen.
Source: Barandbench
