National Legal Services Authority (NALSA) v. Union of India & Others. (2014)

Introduction 

This Supreme Court judgment addressed the constitutional rights of transgender individuals in India. The Court recognized transgender persons as the 'third gender' and established comprehensive legal protections, marking a watershed moment for LGBTQ+ rights in India by affirming the right to self-identify gender and mandating affirmative action measures. 

Facts 

• National Legal Services Authority (NALSA) filed petition seeking legal recognition for transgender people. 
• Multiple petitioners included social activists like Laxmi Narayan Tripathy and Poojaya Mata Nasib Kaur Ji Women Welfare Society. 
• Petitioners argued transgender individuals face systematic discrimination in education, employment, healthcare, and social connections. 
• Transgender community claimed violations of fundamental rights under Articles 14, 15, 16, and 21 of the Constitution of India, 1950 (COI).  
• Petitioners sought recognition of 'third gender' category including transgender people, hijras, and other non-binary gender groups. 
• Community faced denial of basic rights due to lack of legal recognition within traditional male-female binary classification. 

Issues 

• Whether transgender individuals have right to legal recognition as 'third gender'. 
• Whether denial of transgender rights violates fundamental rights under Articles 14, 15, 16, and 21. 
• Whether transgender persons have right to self-identify their gender identity. 
• Whether transgender individuals are entitled to affirmative action measures. 
• Whether State has obligation to provide social and legal protection to transgender community. 

Court's Observations 

Justices K.S. Radhakrishnan and A.K. Sikri observed that: 

• Gender identity represents the core of personal identity and relates to personal autonomy and dignity. 
• Society should not impose gender expectations on individuals. 
• Constitutional right to identify as third gender belongs to personal freedom protections. 
• Discrimination against transgender individuals violates Article 14's guarantee of equality. 
• Articles 15 and 16 prohibiting discriminations on grounds of gender must extend to transgender individuals. 
• The right to life and personal liberty under Article 21 includes the right to live with dignity and express gender identity. 
• Denial of the right to express gender identity violates a person's dignity and constitutes oppression. 
• Transgender people deserve freedom to display their identity while being protected from social discrimination. 
• State has obligation to take active measures ensuring transgender individuals receive essential rights. 

Court's Ruling: 

• Recognized transgender persons as 'third gender' under Indian Constitution. 
• Established right to self-identification of gender identity as fundamental right. 
• Held discrimination against transgender individuals violates constitutional guarantees of equality and non-discrimination. 
• Directed Union and State Governments to provide affirmative action measures including reservations in educational institutions, government jobs, and public services. 
• Mandated governments to develop welfare programs addressing unique needs of transgender individuals. 
• Ordered provision of healthcare, education, and employment opportunities on equal basis with other citizens. 
• Instructed government to take measures eliminating social discrimination & ensuring safety in public places.                    
• Emphasized need for public education initiatives to combat social discrimination and spread awareness about transgender rights. 

Conclusion

This landmark judgment established comprehensive legal framework for transgender rights in India, recognizing them as equal citizens deserving constitutional protections. The Court's recognition of 'third gender' and mandate for affirmative action represents a progressive interpretation of constitutional principles, ensuring dignity and equality for transgender individuals while directing systemic changes to eliminate discrimination and promote social inclusion.