EXAMINATION OF LEGALLY RECOGNIZED PARENTAL RIGHTS OF THE LGBT COMMUNITY IN INDIA

EXAMINATION OF LEGALLY RECOGNIZED PARENTAL RIGHTS OF THE LGBT COMMUNITY IN INDIA
Author(s):
Dr Souvik Chatterji, Moumala Bhattacharya, Samrat Samaddar
Keywords:

Abstract
Transgender rights did exist in every part of the world from ancient ages. But major jurisdictions are struggling in respect of giving the rights legal recognition by fruitful legislation and written laws. India recently introduced Transgender Bill, 2019 to guarantee rights to the people from the Transgender community. However, because the bill was quickly crafted, it is not well received by the community. The Bill has many lacunas in it and has failed to cover the essential needs of the community one of which is to provide the Transgender Community the Adoption Rights. In fact, the Bill does not even provide for an appropriate mechanism to determine one's gender; instead, it requires a person to go through proper screening by District Magistrate, Chief Medical Officer, and Psychologist under Section 7 for the issue of a certificate identifying him as transgender after the person applies to the District Magistrate under Section 5. This is a time-consuming and dehumanizing process since defining a person's gender based on bodily characteristics is incorrect.
Article Details
Unique Paper ID: 161457 Publication Volume & Issue: Volume 10, Issue 4 Page(s): 94 - 100
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