European Journal of Law Reform

Article

Legislative Effectiveness From a Legislative Drafter’s Perspective

Analysing the Transgender Persons (Protection of Rights) Act, 2019

Keywords Effectiveness Test, legislative quality, drafting process, Transgender persons (Protection of Rights) Act, 2019
Authors Devika Gulati
Author's information

Devika Gulati
Devika Gulati is a former Legal Research Associate at the Legislative Department, Ministry of Law and Justice, Government of India. She holds an LLM in Drafting Legislation, Regulation, and Policy from University of London (IALS) The views expressed in this article are her own and do not reflect those of any organization.
  • Abstract

      This article discusses the effectiveness of Transgender persons (Protection of Rights) Act, 2019 and tests the legislation against Dr. Maria Mousmouti’s Effectiveness Test. The author first attempts to trace the real purpose of the Act in terms of specific and broad purposes, and the micro, meso and macro goals. Secondly, the author examines the content of the Act in terms of the legislative techniques used, compliance and enforcement mechanism, and legislative communication. Thirdly, the author studies the context of the Act in terms of its coherence, accessibility and the choice of superstructure.
      Finally, the author checks the Act against the element of result where she examines the monitoring, review and evaluation clauses of the legislation, and the mechanism to collect and assess the legislative results.

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