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Volume 4 Issue 2
March-April 2026
| 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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