Invisible victims: examining the legal vaccum in workplace and sexual offence against transgender person under BNS and POSH

Abstract

The persistent exclusion of transgender persons from India's legal framework governing workplace sexual harassment and sexual offences raises serious concerns regarding equality, dignity, and access to justice. This article examines the Protection of Women from Sexual Harassment at Workplace Act, 2013, the Bharatiya Nyaya Sanhita, 2023, and the Transgender Persons (Protection of Rights) Act, 2019 to identify the legislative and institutional gaps that deny transgender survivors effective legal protection. The study adopts a doctrinal research methodology, relying on constitutional provisions, statutory analysis, judicial precedents, comparative legal frameworks, and secondary sources to evaluate the adequacy of existing laws. It argues that despite constitutional recognition of gender identity, the continued reliance on gender-specific definitions of workplace harassment and rape, coupled with procedural and institutional barriers, creates a legal vacuum that undermines substantive equality. The article concludes by advocating gender- inclusive reforms to criminal law, workplace harassment legislation, and enforcement mechanisms to ensure comprehensive legal protection and equal access to justice for transgender persons in India.