BEYOND THE BINARY: AN EXAMINATION OF INTERNATIONAL LAW AND NATIONAL LEGISLATION IN PROMOTING GENDER EQUALITY FOR TRANSGENDER INDIVIDUAL
AUTHOR – S S SUMIJA, LLM STUDENT AT PROGRESSIVE EDUCATION SOCIETY’S MODERN LAW COLLEGE, PUNE (SPECIALISATION IN INTERNATIONAL LAW)
BEST CITATION – S S SUMIJA, BEYOND THE BINARY: AN EXAMINATION OF INTERNATIONAL LAW AND NATIONAL LEGISLATION IN PROMOTING GENDER EQUALITY FOR TRANSGENDER INDIVIDUAL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 598-605, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
The main theme of a gender-equal society focus in the recognition and protection of diverse gender identities, particularly in the context of international law. This study has shown that while international human rights laws increasingly support the rights of transgender people, many countries still have weak or unfair laws when it comes to gender identity. Some nations have made big progress-like allowing people to change their legal gender without surgery-but in other places, laws still require medical procedures, or transgender rights are being taken away. Through a critical analysis of the Act’s provisions and their alignment with International Human Rights standards, my research highlights the challenges and opportunities in implementing legal reforms that promote gender equality. Furthermore, the paper investigates the implications of these challenges for the realization of a gender-equal society, emphasizing the need for reforms that prioritize self-identification, non-discrimination, and inclusive policies.[1] By harmonizing international law frameworks with national legislation, this research provides perception into the complexities of promoting gender equality and offers recommendations for enhancing the effectiveness of legal reforms in protecting the rights of transgender individuals. Eventually, this paper contributes to the ongoing discourse on gender equality and human rights, reinforcing the importance across the board and rights-based approaches to legal reform. This study concludes that effective part of gender equality for transgender individuals highlighting the need for continued advocacy and reforms to protect, ensure their human rights.
Keywords: Transgender rights, Gender equality, International law, National legislation, Legal recognition of gender identity, Human rights, On-binary identity, LGBTQ+ rights, Gender identity laws, Anti-discrimination, policies, Legal gender recognition, Gender markers, Legal protection for transgender individuals, Inclusive legislation, Transgender legal status, United Nations human rights, European Court of Human Rights, Yogyakarta Principles, International human rights treaties, National legal frameworks.
[1] HUMAN RIGHTS WATCH, “All Five Fingers Are Not the Same”: Discrimination on Grounds of Gender Identity and Sexual Orientation in Sri Lanka (2016), https://www.hrw.org/report/2016/08/15/all-five-fingers-are-not-same/discrimination-grounds-gender-identity-and-sexual