The Role of Law in Promoting Transgender Inclusion: A Study Focused on Karnataka

Abstract

The NALSA Judgment (2014) and the Transgender Persons (Protection of Rights) Act, 2019, create transgender inclusion policies in Karnataka that provide for identifying transgender persons as a third gender and enable redressal of various forms of discrimination against them. The study explores the role of legal doctrines and jurisprudence in shaping policies and decisions related to transgender inclusion in Karnataka. The study adopts the mixed-methods approach. Structured questionnaires were administered to policymakers and experts from the education sector, and quantitative data were collected regarding their experiences with legal inclusion. The results indicated that while there may be legal frameworks for the rights of transgender people, the ground reality is that poor enforcement and cultural resistance have limited their application. The study recommends putting in place stronger enforcement mechanisms backed by public awareness campaigns to help counter existing societal biases and less cumbersome gender identity recognition mechanisms.  Furthermore, these findings may not fully incorporate spatial variations regarding policy enforcement internally across Karnataka. This study underscores the pivotal role of legal frameworks in fostering transgender inclusion in Karnataka, highlighting both progress and persistent challenges.