The transgender persons act 2019 seeks to provide a framework to empower

transgenders in social, economic and educational fields and is also intended to

benefit the transgender community.
The supreme court of India had directed that the transgender community must
be recognised as a gthird gender along with male and female and it has been
directed byy the court that measures must be taken to provide medical care
facilities and reservations.
The act provides an identification, definition, prohibition against discrimination
including denial of unfair treatment concerning education, employment.
Medical healthcare, residence, movement, access to govt and public
establishments etc
The flaws of this act exist because of lack of understanding of the gender:
1. All rights given to this community in the act have already been
guaranteed under article 14 of the IIndian constitution
(article 14: The state shall not deny to any person equality before the
law or the equal protection of the laws within the territory of India)
2. Certifiacation of trans can segregate them from society and the issuance
of this certificate can violate the right to privacy given un der article 21
of Constitution of India
(Protection of life and personal liberty)
3. No penalty has been prescribed for a person who discriminates againsta
a transgender.
4. Definition of trangenders has not been given properly and is mixed with
intersex persons. Trans people have different gender identity than what
was given to them at birth, while intersex indicates diversity of gender
based on biological charecterestics.
5. If a transgender is sexually abused or assaulted, the maximum
punishment is just two years while higher form of punishment is there if
same is done with a man or a woman.

The act requires reconsideration in its current form as it may not be of

much help to the community in this form