Legal Definitions of Transgender Identity and Access to Justice: Insights from Thirunangai Experiences.

• In Event: Area XII. Diversity and Inclusion - Gender

Abstract

This study examines how legal definitions of transgender identity in India influence access to justice for Thirunangai individuals, a culturally distinct transfeminine community in Tamil Nadu. Drawing from qualitative interviews with Thirunangai participants, social activists, and government officials, as well as field observations conducted in Chennai, the research explores how institutional frameworks and policies intersect with the lived experiences of Thirunangai community. The study investigates how the Transgender Persons (Protection of Rights) Act, 2019, and other institutional policies impact their access to justice. This paper also critically examines the challenges posed by the ambiguity and narrow application of legal definitions of transgender identity, which often fail to encompass the complexity of Thirunangai experiences. By analyzing the gaps between policy intentions and their implementation, this paper underscores the urgent need for institutional reforms, greater accountability, and inclusive legal frameworks to ensure equitable access to justice. These insights contribute to broader criminological discussions on marginalized identities, legal recognition, and systemic barriers to justice, offering actionable recommendations to bridge the disconnect between law and lived experiences.

Author

• Dhanya Babu, City University of New York, Graduate Center / John Jay College of Criminal Justice