Name of the Case : National Legal Services Authority vs. Union of India
Year of Judgement : 2014
Popular Name : -
Related Topic/ Issue : Rights of transgender persons
Related Article/ Schedule : 14 & 21
Supreme Court Judgement:
- Recognition of Third Gender: Declared Transgenders along with Hijaras/Eunuchs as 'third gender.'
- Fundamental Rights: Held that fundamental rights granted under Part III of the Constitution are equally applicable to Transgenders.
- Self-identified Gender: Upheld the right of Transgender persons to decide their self-identified gender.
- Legal Recognition: Directed Central and State Governments to grant legal recognition of their gender identity (male, female, or third gender).
- Reservations: Directed Central and State Governments to treat them as socially and educationally backward classes and extend reservations in educational institutions and public appointments.
- Article 14: Held that non-recognition of Transgender persons denies them equal protection of law.
- Article 21: Held that Article 21 protects one's right of self-determination of gender, emphasizing the importance of gender identity to personal autonomy and dignity.
Impact of the Judgement:
- Legislation: Led to the enactment of the Transgender Persons (Protection of Rights) Act, 2019.
- Protection of Rights: The Act aims to protect the rights of transgender persons and ensure their welfare.
- Non-discrimination: Prohibits discrimination against transgender persons.
- Recognition: Confers the right to be recognized as transgender.
- Self-perceived Gender Identity: Grants the right to self-perceived gender identity.
