TRANSGENIC RIGHTS AND CONSTI TUTIONAL EVOLUTION: BEYOUND BINARY RECOGNITION IN LEGAL SYSTEMS-INVESTIGATING HOW CONSTITUTIONAL INTERPRETATION TO NON- BINARY GENDER IDENTITIES

The recognition of gender identity within constitutional law has undergone a significant
transformation in recent years, moving beyond the traditional binary framework of male and
female. This study explores the evolving concept of transgender and non-binary rights within
constitutional systems, with a particular focus on how judicial interpretation has expanded the
scope of fundamental rights to include diverse gender identities. It examines the shift from a
rigid, biological understanding of gender to a more inclusive approach that recognizes identity
as a deeply personal and intrinsic aspect of human dignity and autonomy.
The research analyzes key constitutional principles such as equality, non-discrimination,
dignity, and privacy, and how they have been reinterpreted by courts to protect transgender
individuals. Landmark judgments, including National Legal Services Authority v. Union of
India and Justice K.S. Puttaswamy v. Union of India, have played a crucial role in shaping this
legal evolution. These decisions have recognized the right to self-identification and affirmed
that gender identity is protected under the broader framework of fundamental rights. The study
highlights how such judicial interventions have contributed to the development of a more
inclusive constitutional interpretation