WORKPLACE INCLUSIVITY OF TRANSGENDERS: A CRITICAL ANALYSIS OF THE EMPLOYMENT LAWS OF INDIA

Abstract

In the 2011 national census, there were three options for declaring a person’s sex: Male, Female, and “Other”. This was India’s initial attempt to gather data on those who identify as non-binary gender. Despite issues with accuracy and exclusion, the census estimated that there were 487,803 transgender individuals living in India.

There are transgender people in every racial, ethnic, and social category. In many facets of life, including employment, healthcare, social acceptance, and education, they have historically experienced extreme prejudice and marginalization. However, there have been some encouraging initiatives in recent years that try to better the situation and offer welfare measures to transgender people. Transgender individuals now have legal recognition and protection under the law according to the Supreme Court of India’s 2014 decision that acknowledged them as a third gender. This important ruling contested the prejudice and discrimination trans individuals have long endured in India. Additionally, in 2019 the government passed “the Transgender Persons (Protection of Rights) Act,” which guarantees the defense of transgender people’s rights and forbids prejudice against them in healthcare, employment, and education. Transgender-related adjustments have also been brought forward by the 2019 and 2020 labour codes.

The Act states that transgender people have the right, without discrimination, to pursue the career or occupation of their choice and to engage in any profession or trade for which they are qualified. They are additionally protected by new labor laws like “the Code on Wages 2019” and “the Occupation, Safety Health and Working Conditions Code 2020,” which have not yet come into effect, in addition to the special safeguards offered by this Act. Despite these legal safeguards, it is nevertheless very difficult for transgender individuals in India to access and utilize their labor rights. The workplace is still rife with discrimination, harassment, and violence towards transgender people. Many trans persons are forced to engage in sex work or begging as a result of this hostility, and they frequently experience harassment and violence from both the police and the general public.

As per the World bank report “Social inclusion matters because exclusion is too costly.”[1] This paper aims to highlight the impact of exclusion of the transgenders in the economic development of the country. The author in this paper will also explore the various legislations including the Labour Codes in our country for the welfare of the trans labours, to assess the impact of the laws on promoting inclusive workspaces and protecting the labour rights of transgender. At the end, the author will provide for some recommendations to the employers to ease the employment for trans people and create a more inclusive society.

Keywords: Transgender, Labour Codes, Transgender Act 2019, Discrimination, inclusion

1. Introduction

The country’s transgender population is largely invisible. Although our founding fathers made equality a fundamental principle and declared it to apply to all people, transgender people are discriminated against and not treated similarly to other people. In India, the transgender community is the most marginalized and unempowered. They have long faced discrimination, which has long been a concern. Even though we became independent in 1947, the transgender group is still subject to societal pressure and hasn’t reached full independence. They have long been regarded as the nation’s most socioeconomically marginalized group.

A 2018 National Human Rights Commission report found that 96% of transgender people are denied employment and are compelled to pursue low-wage or dehumanizing activities like begging, sex work, or badhais in order to make ends meet. According to the first-ever survey on transgender rights, 92% of transgender people in the nation are denied the opportunity to engage in any kind of economic activity, and even those who are qualified are turned down for jobs.[2] Approximately 89% of transgender respondents claimed there are no jobs available, not even for those who meet the qualifications. According to the research, 50–60% of people never went to school, and those who did experienced significant discrimination. The NHRC also reported that 15% of professors and 52% of peers bullied transgender students, causing many to drop out of school. Back then, just 6% of transgender people worked for NGOs or the commercial sector, and only 1% of them reported having a monthly salary of more than Rs. 25,000. The bulk, or 26.35%, make between Rs. 10,000 and Rs. 15%. According to the survey, approximately 23% of transgender persons are forced into sex work, which has significant health risks. As a result, trans people are 49 times more likely to be living with HIV than the general population.[3]

There has long been a pressing need to increase awareness among various institutions and groups about the significance of accepting responsibility for treating transgender people with basic human dignity and on par with other genders, whether in educational settings, for equal employment opportunities, or to ensure access to healthcare and use of public services and facilities. Transgender people in India now have their much-deserved identity and rights protected as the Transgender Persons Act, has been passed. The Transgender Persons Act is a sign that India is moving towards a more open and progressive society where people’s chances are not restricted based on their gender.

India has ratified “the Universal Declaration of Human Rights (UDHR)”, as well as the “International Covenant on Civil and Political Rights (ICCPR)” and “the International Covenant on Economic, Social, and Cultural Rights (ICESCR).” As a result, the Indian Constitution is required to recognize transgender people’s rights. The transgender laws of India stand in contrast to international human rights law, which is governed by the ideals of inclusivity, equality, and nondiscrimination.

Regardless of sexual orientation or gender identity or expression, everyone should have access to the same fundamental human rights. Article 1 of the Universal Declaration of Human Rights declares that “all human beings are born free and equal in dignity and rights.”[4] Article 2 declares, “Everyone is entitled to all the rights and freedoms set forth in this Declaration.”[5] All people, including LGBTQ2I individuals, are entitled to enjoy the protection provided by international human rights law, which is based on equality and non-discrimination.

When it comes to their social and economic prospects, as well as those inside their own families, transgender people have experienced major constraints because of social attitudes and stigma. The rights of transgender people have not received enough attention, despite the severity of the problem. In that sense, the government’s initiative to recognize these individuals’ identities and defend their rights is an impressive move.

2. Legal Framework Protecting Transgenders

Rights under Indian Constitution

2.1 Indian Constitution

The Indian Constitution’s Article 15 provides a ray of hope because it guarantees equality and protection against discrimination based on a variety of factors, including sex. Unfortunately, it has been extremely difficult for the transgender population in India to bring this into reality. The transgender population faces a variety of challenges, including social rejection, exclusion from basic services, and the psychological cost of societal decline. In the National Legal Services Authority v. Union of India ruling, the Supreme Court of India acknowledged on April 15, 2014, that transgender individuals are separate from binary individuals and that they are accepted as the third gender in accordance with the Indian Constitution. The Delhi High Court’s pioneering 2009 decision in Naz Foundation v. Government of NCT of Delhi[6], which lay the groundwork for decriminalization, is only one of the important judgements that signaled progress. Later Navtej Singh Johar v. Union of India[7], a significant Supreme Court decision from 2018, revived the debate and ultimately led to Section 377’s repeal. The decision not only declared the discriminatory law unconstitutional but also stressed how crucial privacy and prohibition of discrimination are, regardless of a person’s sexual orientation.

2.1 The Labour Codes 2020

The Labour Codes were passed in the year 2019 and 2020 for the purposes of bringing reforms in the area of labour legislations thereby repealing 29 existing laws. However, none of the Codes have been notified by the government yet. The idea behind the Codes was to codify the existing laws and reduce the complexities. The objective was to amend and bring reforms. In terms of transgenders is concerned, few changes have been incorporated by the Codes. Let us understand those changes brought by the Codes. The Industrial Relations Code of 2020 and the Code on Social Security of 2020 do not specifically address transgender people in any of their sections.

1. Code on Wages 2019:

The Code on Wages 2019 has repealed four labour Laws that is: Payment of Wages Act 1936, Minimum Wages Act 194, Payment of Bonus Act 1965 and Equal Remuneration Act 1976. It uses the term gender instead of sex. However, no definition of gender is provided in the Code.

The Equal Remuneration Act, 1976 has brought a major reform protecting transgenders in the workplaces. The Equal Remuneration Act (hereinafter ERA) was passed in 1976 to provide gender equality in industries regarding remuneration, hours of work, and working conditions. This Act was also passed as India ratified the Equal Remuneration Convention, 1951, No. 100, in 1958. Another Convention India ratified was the discrimination (Employment and Occupation) in I960. The convention requires that each ratifying state shall promote, and in so far as is consistent with the methods in operation in its country for determining rates of remuneration for men and women workers, equal remuneration for the work of equal value. The objective of this act was to ensure equal remuneration and no discrimination in terms of sex for same work or similar work. It is the duty of an employer to pay equal wages for same or similar work.[8] The act also ensures that in cases of recruitment, promotion, transfer or training there shall be no discrimination based on sex of the workers or the same or similar work.[9]  The penalty provision for contravening any of the above provision is that, the employer shall be punished with a minimum fine of ten thousand rupees to maximum twenty thousand rupees or with minimum imprisonment of three months which may extend to one year imprisonment or with both.[10]

The provisions of equal remuneration under the Code is now applicable to all persons irrespective of gender and in all the establishments, which is defined under section 2(m) of the code. It provides for the prohibition of discrimination in establishments among employees on ground of gender in respect of wages/remuneration. Section 3 of the Code provides that, it will apply to all employees irrespective of gender.  It uses the word gender instead of men and women for equal remuneration. However, the term gender is not defined. We may thus surmise that it is progressive as now the transgender may be deemed under the purview of the Code. ERA however, applied to only men and women employees. It did not apply to transgender people. The Code has thus brought an amendment in this regard. With respect to in what matters the provision of equal remuneration shall be applicable is provided under Section 3(2) of the code. It says that, employer will not discriminate on the ground of gender while recruiting anyone or in the conditions of employment.

The other laws: Minimum wages, payment of wages and payment of bonus applies to employees equally irrespective of any gender. The importance of minimum wages and payment of wages cannot be undermined.

1. Code on Occupation, Safety Health and working Conditions Code 2020

The Occupational Safety, Health, and Working Conditions Code, 2020 (hereinafter OSW Code 2020) has repealed the maximum number of existing laws. Around 13 laws have been repealed by this Code. The major laws being the factories Act, inter-state migrant workers Act, Contract Labour Act etc. The objective of codifying these 13 laws is to bring reforms in measures of welfare, health and safety at factories and establishments.

The Earlier Factories Act 1948 was the only major law which provided for health, welfare and safety measures which was applicable only in factories. It did not provide any health, safety welfare provisions specifically for transgenders. The lack of locker rooms and changing areas with gender-neutral restrooms was a significant issue. Transgender people frequently experience shame as a result of being compelled to use male restrooms. Including gender neutral restrooms in addition to male and female restrooms in establishments was required. Further, certain other measures were required to ensure that transgender staff members are at ease with relation to locker rooms and changing areas. The OSHW Code. 2020 has specifically provided such provisions for transgenders.

According to Section 23 of OSHW Code 2020, it is the responsibility of the employer to make sure that their employees have a safe and healthy working environment that complies with all applicable central government regulations. The same section’s Clause 2 (viii) further stipulates that adequate urinal accommodations for male, female, and transgender employees must be given, with sanitation being maintained without any form of prejudice or discrimination.

The OSHW Code, 2020’s Section 24 (ii) mandates that the employer be in charge of assuring the provision and upkeep of welfare facilities for workers within their company, including gender-specific restrooms and locker rooms for male, female, and transgender workers. The penalties that will be imposed in the event that the rules are broken are described in Section 94 of the code. In such circumstances, the establishment’s employer or primary employer shall be subject to a fine of at least two lakh rupees and a maximum of three lakh rupees. Following conviction, an additional penalty of up to 2000 rupees per day until the violation stops may be levied if the violation continues.

• The Transgender Persons (Protection of Rights) Act, 2019

In India, the situation for transgender people is complicated and difficult. People who identify as transgender frequently experience prejudice, assault, and social marginalization. As a result, transgender people frequently had difficulty gaining access to fundamental human rights like healthcare, education, work, and housing. However, the government has made a number of changes recently, including transgender people in official programs. The Ministry passed the “Transgender Persons (Protection of Rights) Act 2019” on January 10, 2020, to provide for the welfare and protection of transgender people.

“The Transgender Persons (Protection of Rights) Act, 2019”, aims to uphold transgender people’s rights and ensure their welfare in workplaces and educational institutions. The law was passed on November 26, 2019, and it went into force on January 10, 2020. The Act has a big impact on a lot of crucial areas, such employment and establishments.

According to the 2019 Act, a person who is transgender is “a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta.”[11] Transgender people are able to identify as a gender other than their biological sex because of the idea that a person’s gender identification might not match the gender they were assigned at birth. Furthermore, the idea is inclusive, recognizing gender identities other than the binary of male and female, including those of transmen, transwomen, genderqueers, and individuals with intersex variations.

The Act also recognizes self-identification as the foundation for determining a person’s gender identity, enabling transgender people to identify as belonging to a gender other than their biological sex without the need for any kind of medical or legal documentation.  This Act also aims to protect the rights of transgender people by giving them legal recognition, assuring their access to healthcare, education, and employment opportunities, and preventing discrimination against them.[12]

Before this Act came into operation, transgender people encountered marginalization and prejudice at the workplace. Even those who were able to find employment frequently suffered violence and harsh treatment, as well as job rejection. This made it very difficult for transgender people to find work and build a stable financial future.  In order to address these difficulties, “The Transgender Persons (Protection of Rights) Act, 2019” prohibits discrimination against transgender people in the workplace and public places. The Act upholds the right of transgender people to determine their gender identification and contains provisions for the issuing of an identity certificate that would enable them to change their gender on official papers.  Additionally, the Act has implications for organizations like hospitals, jails, and schools.[13]

Transgender persons face discrimination in the workplace and other settings, and “the Transgender Persons (Protection of Rights) Act, 2019”, is a significant step toward ending that prejudice.  There is still a lot of work to be done, though, to guarantee that the Act is properly put into effect and that transgender people’s rights are fully protected.

Salient features of the Act:

• No Discrimination and a safe workplace must be created, and all transgender people must be treated equally in all job-related matters, including infrastructure modifications, hiring practices, employment benefits, promotions, and other relevant matters.
• Equal opportunity policy: Publish an equal opportunity policy for transgender people and post it on a company website or, in absence of a website, prominently display it on the premises of the establishment.[14]
• Infrastructure (such as gender neutral restrooms), safety and security measures (such as guards on duty) and amenities (such as hygiene products) that must be made available to transgender people in order for them to perform their jobs effectively; application of all rules and regulations of the employer regarding working conditions; and preservation of the confidentiality of the transgender employees’ gender identities.[15]
• Establishments are required to select a person to address complaints relating to violations of the Transgender Persons Act as a complaint officer, who will be in charge of handling the complaints. The head of the establishment is required to act on the complaint officer’s inquiry report within the specified time frames. The complaint officer has been mandated to investigate complaints.[16]
• The National Council for Transgender Persons (the “NCT”) was established with the objective of advising the government on policy development, monitoring, and redressing transgender people’s problems.[17]

Transgender people in India will be benefited greatly from the Transgender Persons (Protection of Rights) Act, 2019, in general. The Act strives to develop a more inclusive and equitable society for all by offering legal recognition, protection, and welfare.

3. Exclusion of the Transgenders: Its Impact

The last several decades have seen a rise in the importance of LGBTI and other sexual minorities’ human rights concerns on a global scale, with a focus on the intrinsic significance of those rights from a social, cultural, and ethical standpoint. Accepting those rights signifies a commitment to equality for a marginalized group of people as well as to securing fundamental freedoms for those persons. Working to reduce prejudice and violence against LGBT persons is necessary for enacting those rights and achieving equality.

Human rights organisations and scholars from around the world have recorded abuses of human rights, discovering prejudice, familial rejection, assault, imprisonment, and other types of exclusion encountered by LGBT persons in every country examined. Human rights are infringed upon when LGBT persons are prevented from fully participating in society due to their identities, and those violations of human rights are likely to have a negative impact on a nation’s degree of economic development.[18] According to several theoretical systems, economic growth is correlated with the inclusion of LGBT persons. If transgender people receive education and training, it increases their productivity and when they are treated equally in the workforce, inclusion enables them to realize their economic potential.[19]

According to the post-materialist demand for human rights theory, as economies grow and people have more freedom to organize and demand change in the law, as well as public opinion shifts in favor of greater individual autonomy and minority rights, countries may be more likely to respect the rights of LGBT people. And the strategic modernization method postulates that nations wishing to portray themselves to potential trading partners as more evidently “modern” and successful may be strategically employing LGBT rights as a way to promote and increase economic prospects.[20]

Exclusion, or the perception of exclusion, may lead to certain groups choosing to avoid certain markets, services, and environments, which has implications for both people and the economy. Gender inequality alone is thought to be responsible for a loss of human capital worth of $160.2 trillion globally.[21]  Children with disabilities do not attend school at a rate of 90% in poor nations. It is particularly challenging to combat LGBTI exclusion and discrimination in many nations. Exclusion has enormous long-term social and economic implications since it can eventually fuel societal tensions.[22]

The objective of the World Bank is “eradicating extreme poverty and fostering shared prosperity must be accomplished through social inclusion.” The Environmental and Social Framework (ESF) of the World Bank, which governs all investment project financing, places a strong emphasis on the necessity of social inclusion for the success of all of the bank’s development interventions and sustainable development.[23]

Eliminating stereotypes and developing mindfulness via education are essential to drafting a truly inclusive society. Equal rights, affordable healthcare, and domestic acceptability can all be impacted by policy changes. As India moves forward, Article 15 promise may cast a brighter, more welcoming, and accepting future for everybody, regardless of sexual orientation or gender identity.

Despite significant advancements, there are still significant obstacles in the way of a more inclusive society. A diversified approach is necessary for a future in which LGBTQIA+ people are treated with respect and dignity.

First and foremost, it is crucial to make an effort to promote thorough education and awareness inside educational institutions. Eliminating myths, eradicating stigma, and fostering a more enlightened and welcoming society are all benefits of incorporating discussions about sexual orientation and gender identity in schools and colleges.

4. Efficacy of Laws in protecting the rights of Transgenders in India

After looking into the above points, it is very clear that India doesn’t have sufficient number of Labour Laws to protect the rights of Transgenders. Until 2019 there was not a single piece of legislation for transgenders in terms of labour welfare is concerned. Although the Labour codes have been passed in 2020, but the Codes have not been enforced yet. Apart from the two Labour Codes and the 2019 Act, as discussed above and there are no other Labour laws for the protection of transgender Rights.

The Transgender Act 2019 has certain loopholes as mentioned below. Some transgender rights organizations and activists have, however, criticized “the Transgender Act, 2019” for not sufficiently addressing the problem of violence against transgender people, which is one of the primary points of contention. The act makes it illegal to physically and sexually assault transgender people, but the punishment provision is not proper. The statute is also criticized for requiring transgender people to go through a screening process in order to get a certificate of identification. Transgender people must go through a screening process where they must appear before a district magistrate and a medical officer, who will make a determination about whether the person is “transgender” based on physical and mental examinations. Activists contend that this procedure encourages the legalization of transgender identities and is intrusive, discriminatory, and unfair. The Transgender Persons Act’s punishments include merely two years in prison and a fine, which may appear insufficient for more grave crimes like sexual abuse, criminal assault, or sexual harassment.

Another question with respect to transgender Maternity rights arises is whether the transgender employees are covered under the Maternity Benefit Act of 1961? This is a matter of debate. This is because any person who works for reward at any place, whether directly or through an agency, is considered a “woman” under Section 3(o) of the Act. When certain conditions are met, males who identify as transgender or, more generally, those who were born with the gender assigned to women, are able to have parents.[24] From the perspective of compliance, this has created ambiguity because the employer in this instance is confused of how to offer benefits and follow procedural standards like using the Act’s various Forms that specifically pertain to women.

Thus, it is the need of the hour that the transgenders are protected in workplaces and are given welfare opportunities.

Recent Judgement on rights of Transgenders

Jasmine Kaur Chhabra v. UOI & Ors[25]

In this case a PIL was filed before Delhi Hight Court by Jasmine Kaur Chhabra in order to build separate restrooms for transgender persons as the absence of such facilities makes transgender persons more vulnerable to “sexual assault and harassment”. The Delhi government was ordered by the court to make sure that transgender-accessible public restrooms were built in the nation’s capital within eight weeks.

5. Conclusion and Suggestion:

The recognition of transgender people under labor law is still in its early stages, notwithstanding the gradual developments brought about by increased international awareness and the Supreme Court’s progressive decision-making. Recently the NHRC has also issued an advisory to the central and state governments for the welfare of transgenders which contains recommendations to protect the rights of transgenders.[26] Some of the recommendations are mentioned below[27]:

• The necessary actions can be done to guarantee transgender people’s access to education. To address the concerns of violence, discrimination, and harassment in educational institutions, authorities may think about developing a policy. As a temporary remedy, the Education Departments of all States and UTs will advise educational institutions in their various regions to safeguard pupils who identify as gender non-conforming against harassment, bullying, and other violent acts.
• The State Governments and UTs should make sure that a transgender antidiscrimination cell is established at the district level in every district and that a monitoring committee or cell is established at educational institutions to address issues of prejudice, discrimination, sexual abuse, and other forms of violence against transgender people.
• The State Governments to take necessary steps to make all educational institutions “inclusive” for transgender students. Transgender students are not to be discriminated against in higher studies, and suitable provision for providing financial assistance to Transgender students pursuing Degree/ Diploma/ PG courses may be ensured.
• In order to facilitate the application and appearance of transgender community members in entrance exams, the identity category “Third Gender” may be added for those seeking civil service positions.
• Anti-discrimination regulations should be put into place at all levels, and appropriate measures should be made to shield transgender people from harassment and violence in the workplace.
• The state should give transgender people priority when it comes to skill development programmes and increased career options.
• Transgender people may be eligible for loans at interest subsidy rates to assist in starting their own enterprises.
• The district administration should provide assistance so that transgender people can establish Self Help Groups and apply for bank loans to begin earning a living.

Some other suggestions by the author are as follows:

• Sensitization and awareness campaigns are included in corporate policies to inform employees about gender inclusivity and workplace acceptance of transgender people. This would require putting an end to any myths regarding the truth of trans-identity, respecting their preferred pronouns, and proper professional conduct.
• Policies should be updated frequently, and they should be reviewed on a regular basis to make sure that HR, administrative, operational, and recruitment actions are carried out to support inclusivity and diversity. It is crucial that a transgender person be a part of the Committee charged with carrying out this job for the same to be beneficial. The inclusion of transgender people’s complaints in sexual harassment policies and the inclusion of transgender people in grievance redressal systems are two significant instances of this measure.
• In order to prevent transgender people from being wrongly categorized as men or women, as the situation may be, further procedures include updating personnel records.
• The Ministry of Labour and Employment must make a determined effort to incorporate transgender people at all phases of the law-making process and provide provisions for their unique needs under the Codes and the supplemental rules.

Even acquiring legal recognition as transgender on official documents is one of the many challenges faced by transgender and gender variant individuals. Although discrimination against transgender individuals in work and education is prohibited under the Act, it is unlikely that this prohibition will be successful in preventing discrimination in the absence of punitive measures.

[1] “ World Bank, ‘Inclusion Matters: The Foundations for Shared Prosperity. Washington DC: World Bank’ (2013) http://siteresources.worldbank.org/Extsocialdevelopment/resources/244362- 1265299949041/6766328-1329943729735/8460924- 1381272444276/InclusionMatters_AdvanceEdition.pdf”  accessed 20^th May 2023

[2]Available on  https://www.outlookindia.com/national/transgender-and-unemployment-in-india-news-182617. ”  accessed 20^th May 2023

[3] Ibid.

[4] Available at “https://www.ohchr.org/en/human-rights/universal-declaration/translations/english.” (Last Visited on 10^th August 2023)

[5] Ibid.

[6] 2016 15 SCC 619.

[7] AIR 2018 SC 432.

[8] Section 4, Equal Remuneration Act, 1976

[9] Section 5, Equal Remuneration Act, 1976

[10] Section 10, Equal Remuneration Act, 1976

[11] Section 2 (k) “Transgender Persons (Protection of Rights) Act, 2019 (NO. 40 OF 2019)”

[12] Section 8 “Transgender Persons (Protection of Rights) Act, 2019 (NO. 40 OF 2019)”

[13] Section 3 “Transgender Persons (Protection of Rights) Act, 2019 (NO. 40 OF 2019)”

[14] Section 12 “Transgender Persons (Protection of Rights) Rules, 2020 (NO. 40 OF 2019)”

[15] Ibid.

[16] Section 13 “Transgender Persons (Protection of Rights) Rules, 2020 (NO. 40 OF 2019)”

[17] Section 12 “Transgender Persons (Protection of Rights) Rules, 2020 (NO. 40 OF 2019)”

[18] “World Bank, ‘Inclusion Matters: The Foundations for Shared Prosperity. Washington DC: World Bank’ (2013) http://siteresources.worldbank.org/Extsocialdevelopment/resources/244362- 1265299949041/6766328-1329943729735/8460924- 1381272444276/InclusionMatters_AdvanceEdition.pdf accessed 20^th May 2023

[19] Available at   “https://williamsinstitute.law.ucla.edu/publications/lgbt-inclusion-economic-dev/.”  (Last Visited on 10^th August 2023)

[20]Available at  https://www.worldbank.org/en/topic/social-inclusion. (Last Visited on 10^th August 2023)

[21] Available at  https://openknowledge.worldbank.org/entities/publication/e12347f9-c164-54b0-9c8b-cb47115ed0ef. (Last Visited on 10^th August 2023)

[22]  Supra Note 11.

[23] Ibid.

[24]Available at “https://www.scientificamerican.com/article/how-a-transgender-woman-could-get-pregnant/.” (Last Visited on 10^th August 2023)

[25] W.P.(C) 2997/2021

[26] Available on https://www.livelaw.in/pdf_upload/advisory-for-ensuring-the-welfare-of-transgender-persons-495391.pdf (Last visited 23rd November 2023)

[27] Ibid.