• SHANKAR BANERJEE
• Dr. Vishwa Deepak Bhatnagar

The year 2014 is memorable for the members of Lesbian, Gay, Bisexual, Transgender, Queer and Intersex community as the Apex Court delivered a landmark judgement in the case of National Legal Services Authority of India (NLSA) Vs Union of India (2014). By virtue of this judgement the Central Legislature was compelled to draft a comprehensive legislation namely The Transgender Persons (Protection of Rights) Act, 2019. Unfortunately, the abovementioned Act is not comprehensive in nature as it does not include other members of the community like the lesbians, gay and bisexuals. After its enactment, it led to serious dilemma and ambiguity in the minds of the activists of the field and others from legal profession as to the application of the Act. However, the author shall present facts, questions of law involved, and the decision of the Hon’ble Court in brief of the NALSA vs. Union of India judgement. This study specifically focuses on the definition of the term transgender with all its inclusions as defined under Section 2 (k) of the aforementioned Act and also analysis the Act and loopholes therein.

IndexTerms: LGBTQ, NLSA case, Transgender, The Transgender Persons (Protection of Rights) Act, 2019

"The Transgender Persons (Protection of Rights) Act, 2019: Beneficial or Detrimental to the LGBTQ Community", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.9, Issue 3, page no.e331-e334, March-2022, Available :http://www.jetir.org/papers/JETIR2203442.pdf

"The Transgender Persons (Protection of Rights) Act, 2019: Beneficial or Detrimental to the LGBTQ Community", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.9, Issue 3, page no. ppe331-e334, March-2022, Available at : http://www.jetir.org/papers/JETIR2203442.pdf