Advanced International Journal of Multidisciplinary Research

E-ISSN: 2584-0487   Impact Factor: 9.11

An Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

Call for Paper Volume 4 Issue 2 March-April 2026 Submit your research before last 3 days of April to publish your research paper in the issue of March-April.

Equality, Dignity, and Gender Identity: Transgender Rights in Constitutional and Global Human Rights Law

Author(s) Lawyer Dr Chitta Ranjan Boruah
Country India
Abstract Abstract:
This original research paper critically examines transgender human rights within the framework of constitutional law and international human rights jurisprudence. It explores the progressive recognition of gender identity as an intrinsic component of dignity, autonomy, equality, and personal liberty. The study undertakes a doctrinal and analytical examination of constitutional provisions, landmark judicial pronouncements, statutory enactments, and international human rights instruments that collectively shape the contemporary legal discourse on transgender rights.
Particular emphasis is placed on the transformative jurisprudence of the Supreme Court of India, especially in National Legal Services Authority v. Union of India, Justice K.S. Puttaswamy v. Union of India, and Navtej Singh Johar v. Union of India, which collectively constitutionalized gender identity within the framework of dignity and substantive equality.
The research identifies normative strengths in constitutional doctrine and international law while critically exposing persistent implementation gaps, including bureaucratic certification mechanisms, socio-economic exclusion, inadequate enforcement frameworks, and entrenched social stigma. It argues that harmonization between domestic constitutional mandates and international human rights obligations is indispensable for achieving substantive equality.
The paper concludes that transgender rights represent a litmus test for the moral legitimacy of constitutional democracies and the universality of human rights law in the twenty-first century.
Keywords Keywords: Transgender Rights, Gender Identity, Constitutional Law, Human Dignity, International Human Rights Law, Transformative Constitutionalism, Judicial Activism, Equality, Autonomy.
Discipline Sociology > Administration / Law / Management
Published In Volume 4, Issue 2, March-April 2026
Published On 2026-03-30

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