INTERNATIONAL JOURNAL FOR INNOVATIVE RESEARCH IN MULTIDISCIPLINARY FIELD

Abstract: The present Research paper mainly tries to cover Transgender Jurisprudence in India. The substantive equality is the central principle and important component of Transformative Constitutionalism. Transformative Constitutionalism views Constitution as an instrument having immense potential to bring transformation in society. The Transgender persons in India have been given legal recognition as “Third gender” through the NALSA case (2014). Further, another development in the field of Transgender rights in India is the enactment of the Transgender Persons (Protection of Rights) Act, 2019 as well as the recent amendment of 2026 was also made in the 2019 Act with a protective objective. Thus, the present study is an humble attempt to analyze the relevant landmark Judgments, legislative framework for Transgender persons in India. The Research paper is written based on Doctrinal research. The Research paper concluded that despite robust developments regarding Transgender rights in India, the Transgender persons still face several problems ranging from abuse, inaccessibility to basic health care facilities, to education, to employment opportunities and even systemic discrimination. This research paper may contribute in drawing attention towards the lacunae in the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Amendment Act, 2026 which will create awareness towards the problems faced by transgender persons and the ways through which their social participation and social acceptance can be increased.