Justice Deferred? Transgender Protections And The Bharatiya Nyaya Sanhita

Abstract

The Bharatiya Nyaya Sanhita (BNS), introduced to replace the Indian Penal Code (IPC), aimed to modernize India’s criminal justice system but criticized to fall short in protecting transgender individuals, especially against hate crimes and gender-based violence. Despite the persistent discrimination and violence faced by transgender persons in India, the BNS lacks explicit provisions addressing these motivated bias offenses. This paper critically examines the legal framework, focusing on the gaps between the BNS and the protections offered under the Transgender Persons (Protection of Rights) Act, 2019. Through a comprehensive research methodology, it highlights the legal inadequacies in safeguarding transgender rights and underscores the urgent need for reforms. Key recommendations include introducing explicit hate crime provisions, enhancing penalties for gender-based offenses, and ensuring broader legal recognition of transgender rights. Strengthening these legal protections is vital for creating an inclusive justice system that upholds the dignity, safety, and fundamental rights of transgender individuals in India.