Advanced International Journal for Research

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Barriers to Education and Employment: a Socio-legal Analysis of Discrimination, Exclusion, and Constitutional Protection of Transgender Persons in India

Author(s) Priya Saha, Dr. Subholaxmi Mukherjee
Country India
Abstract Education and employment are fundamental pillars for ensuring dignity, equality, autonomy, and socio-economic participation in a constitutional democracy. Despite constitutional guarantees under Articles 14, 15, 16, 19, and 21 of the Constitution of India, transgender persons continue to face systemic discrimination and exclusion from mainstream educational institutions and employment structures. This research critically examines the socio-legal barriers experienced by transgender persons in India and evaluates the effectiveness of the existing constitutional and statutory framework in addressing structural inequalities. The study particularly analyses the role of the judiciary in advancing transgender rights through landmark decisions such as National Legal Services Authority v. Union of India, Navtej Singh Johar v. Union of India, and K.S. Puttaswamy v. Union of India.
Using a doctrinal and analytical legal research methodology, the study investigates discrimination in admission procedures, exclusionary administrative structures, workplace harassment, lack of gender-inclusive infrastructure, weak implementation of anti-discrimination laws, and the absence of effective affirmative action policies. The paper argues that although the Transgender Persons (Protection of Rights) Act, 2019 represents a significant legislative step toward recognition of transgender rights, its implementation remains inadequate due to weak enforcement mechanisms and lack of institutional accountability.
The research further highlights that transgender exclusion is not merely a social issue but a constitutional concern involving dignity, substantive equality, and transformative constitutionalism. It concludes that legal recognition alone is insufficient unless accompanied by structural reforms such as inclusive educational policies, reservation frameworks, workplace diversity mandates, curriculum reforms, and gender-sensitive institutional mechanisms. The study advocates a transition from formal equality to substantive inclusion to achieve social justice for transgender persons in India.
Keywords Transgender Rights, Constitutional Equality, Education, Employment, Discrimination, Transformative Constitutionalism, Social Justice, Gender Identity, Inclusion, Indian Judiciary.
Field Sociology > Administration / Law / Management
Published In Volume 7, Issue 1, January-February 2026
Published On 2026-01-10
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E-ISSN 3048-7641
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