Adoption Struggle of Transgenders: Need of Equity Norms

  • Sejal Jain and Ashutosh Anand
  • Show Author Details
  • Sejal Jain

    Student at Amity Law School, Noida, India

  • Ashutosh Anand

    Student at Amity Law School, Noida, India

  • img Save PDF

Abstract

Transgenders, from the very beginning have suffered and fought for their human rights. With the landmark NALSA judgement, brought a ray of hope. However, recognition of their gender and their constitutional rights was a long-awaited decision. Further, with the partial slashing of section 377 of the IPC by the Supreme Court of India led to further happiness and hope for a far better tomorrow. The Transgender (Right to Protection) Bill of 2016, 2018 and 2019 only scratch the surface of what must be done and don't get to the nitty gritties, tons of loopholes and gaps remain within the legislations which hinder the enforcement of the rights of Transgenders, one of which is their right to adopt children. Through this research paper, an attempt has been made to highlight the gaps and provide suggestions to overcome those gaps with regard to the right to adoption of transgenders. The Right to adoption is a human right but there's no law or legislation which would help transgenders enforce this right. An attempt has been made to discuss current laws of India and compare it to international laws concerning marriage and adoption. This article is mostly based on secondary resources as well as on observations.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 35 - 48

DOI: https://doij.org/10.10000/IJLMH.111870

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021