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ARTICLE · 21 JULY 2022

Protection Of Queer At The Workplace

Khurana & Khurana, Advocates and IP Attorneys
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A society where it took generations to decriminalise homosexuality is standing on a pedestal where rights have been granted to the queer community as per the law but still struggles to establish their own identity every day.

IndiaEmployment and HR

A society where it took generations to decriminalise homosexuality is standing on a pedestal where rights have been granted to the queer community as per the law but still struggles to establish their own identity every day. Some attempts have been made by the Hon'ble Apex Court to guarantee the rights of the queer community in recent years.

Making law and implementing it again are two entirely separate things. The central government made legislation and its corresponding rules to ensure nondiscrimination in employment for the queer community; the act was named The Transgender Persons (Protection of Rights) Act, 2019 (the Transgender Act, 2019, for brevity).

Now the question is whether the protection can be mandatorily provided under private employment, and if yes, to what extent? If no, then why not?

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