International Journal of Technology and Applied Science

E-ISSN: 2230-9004   •   Impact Factor: 9.914

A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

Call for Paper Volume 17 Issue 6 (June 2026) Submit your research before the last 3 days of this month to publish your research paper in the current issue.
Submit Research Paper Join as a Reviewer

Plagiarism is checked by the leading plagiarism checker TurnItIn

Call for Paper

Volume 17 Issue 6
June 2026

Submit your research paper

Indexing Partners
Academia Advanced Sciences Index Bielefeld Academic Search Engine CiteSeer DRJI Google Scholar Independent Search Engine & Directory Network ISI (International Scientific Indexing) Issuu Mendeley Research Networks
RefSeek ResearcherId - Thomson Reuters ResearchGate Scirus Scribd Semantic Scholar UTeM - Universiti Teknikal Malaysia Melaka Wiki for Call for Papers WorldCat Zenodo

Yogyakarta Principles and their Influence on Indian Transgender Jurisprudence: A Constitutional Analysis of Gender Identity, Human Rights and Transformative Constitutionalism

Author(s) Dr. Subholaxmi Mukherjee
Country India
Abstract The recognition of transgender rights has emerged as a significant constitutional and human rights issue in contemporary legal discourse. International human rights principles have increasingly influenced domestic constitutional interpretation concerning gender identity, equality, dignity, privacy, and non-discrimination. Among such international instruments, the Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity, adopted in 2006, have played a transformative role in shaping global LGBTQ+ rights jurisprudence.
In India, transgender rights jurisprudence has evolved substantially through progressive judicial interpretation, particularly after the landmark judgment in National Legal Services Authority v. Union of India. Indian courts have increasingly relied upon international human rights norms, constitutional morality, and transformative constitutionalism to recognize the rights of transgender persons. The Yogyakarta Principles have significantly influenced judicial reasoning concerning self-identification, dignity, equality, privacy, autonomy, and freedom from discrimination.
This study critically examines the influence of the Yogyakarta Principles on Indian transgender jurisprudence. It analyses the constitutional framework governing transgender rights under Articles 14, 15, 16, 19, and 21 of the Constitution of India, along with judicial developments and statutory protections under the Transgender Persons (Protection of Rights) Act, 2019. The research further evaluates how Indian courts have incorporated international human rights standards within constitutional interpretation.
Using doctrinal and analytical research methodology, the study identifies the growing role of international human rights principles in expanding constitutional protection for transgender communities. The paper concludes that the Yogyakarta Principles have substantially contributed to the development of Indian transgender jurisprudence by strengthening the constitutional vision of dignity, equality, autonomy, and substantive justice.
Keywords Yogyakarta Principles, Transgender Rights, Constitutional Law, Human Rights, Gender Identity, Equality, Transformative Constitutionalism, LGBTQ+ Rights, Indian Judiciary, International Human Rights Law.
Published In Volume 17, Issue 6, June 2026
Published On 2026-06-05
View / Download PDF File

Share this



CrossRef

CrossRef DOI is assigned to each research paper published in our journal.

IJTAS DOI prefix is
10.71097/IJTAS

Downloads
Research Paper Format Copyright Permission Form and Undertaking Form Cover Page Vol 15 Isu 12Cover Page Vol 15 Isu 11Cover Page Vol 15 Isu 10

All research papers published on this website are licensed under Creative Commons Attribution-ShareAlike 4.0 International License, and all rights belong to their respective authors/researchers.

CC-BY-SA Open Access

About IJTAS
Fees & Payment
Current Issue
Publication Archive 		Submit Research Paper
Track Submission Status
Publication Guidelines
Publication Ethics
Peer Review & Plagiarism 		Join as a Reviewer
Editors & Reviewers
Reviewer Referral Program
Get Reviewer Membership Certi. 		Website/Journal Policies
Usage Policy
Content Policies
Privacy Policy
Contact Us Message on WhatsApp +91-9687-182-185 editor@ijtas.com