NATIONAL LEGAL SERVICES AUTHORITY (NALSA) VS UNION OF INDIA (2014) 5 SCC 438
FACTS OF THE CASE
The National Legal Services Authority (NALSA) filed a Public Interest Litigation (PIL) before the Supreme Court of India, seeking legal recognition and rights for transgender persons. The petition highlighted the social discrimination, lack of legal protection, and denial of basic human rights to transgender individuals in India. The petitioners argued that the absence of legal recognition for the third gender violated their fundamental rights under the Constitution of India.
The Union of India, along with various state governments, contested the petition, arguing that gender identity was primarily a biological concept and that existing laws were sufficient to address the concerns raised.
The case revolved around the recognition of transgender persons as a separate gender category and their entitlement to equal rights and protections under the Constitution.
ISSUES
1. Whether transgender persons should be legally recognized as a third gender.
2. Whether the denial of legal recognition to transgender persons violates their fundamental rights under Articles 14, 15, 19, and 21 of the Constitution.
3. What measures should be taken to ensure the rights and welfare of transgender individuals in India?
RELEVANT LEGAL PROVISIONS
• Article 14 of the Constitution of India – Right to equality before the law.
• Article 15 of the Constitution of India – Prohibition of discrimination on grounds of sex.
• Article 19(1)(a) of the Constitution of India – Right to freedom of speech and expression, including gender identity.
• Article 21 of the Constitution of India – Right to life and personal liberty, including dignity and privacy.
• Universal Declaration of Human Rights (UDHR) – International human rights framework supporting gender identity recognition.
JUDGMENT
The Supreme Court in NALSA vs. Union of India recognized the right to self-identification, allowing transgender individuals to identify as male, female, or third gender, irrespective of medical or biological conditions. The Court held that discrimination against transgender persons violates Articles 14, 15, and 21 of the Constitution of India, affirming their right to dignity and non-discrimination. It directed the government to treat transgender persons as a socially and educationally backward class, ensuring their inclusion in employment, education, and healthcare. Additionally, the Court mandated legal reforms to safeguard their rights and welfare, emphasizing the State’s duty to enact protective legislation.
-ADITYA
DSNLU
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