This document summarizes the National Legal Services Authority v. Union of India case in the Supreme Court of India regarding transgender rights. [1] The National Legal Services Authority filed a petition on behalf of the transgender community or "hijras" to gain recognition as a "third gender" and demand their constitutional rights. [2] The Supreme Court observed that other countries recognize transgender people as a third gender and provide fundamental rights. [3] On April 15, 2014, the Supreme Court directed the government to legally recognize transgender people as a third gender and take steps to remove social stigma and ensure equal legal protection and health programs.
This document summarizes the National Legal Services Authority v. Union of India case in the Supreme Court of India regarding transgender rights. [1] The National Legal Services Authority filed a petition on behalf of the transgender community or "hijras" to gain recognition as a "third gender" and demand their constitutional rights. [2] The Supreme Court observed that other countries recognize transgender people as a third gender and provide fundamental rights. [3] On April 15, 2014, the Supreme Court directed the government to legally recognize transgender people as a third gender and take steps to remove social stigma and ensure equal legal protection and health programs.
This document summarizes the National Legal Services Authority v. Union of India case in the Supreme Court of India regarding transgender rights. [1] The National Legal Services Authority filed a petition on behalf of the transgender community or "hijras" to gain recognition as a "third gender" and demand their constitutional rights. [2] The Supreme Court observed that other countries recognize transgender people as a third gender and provide fundamental rights. [3] On April 15, 2014, the Supreme Court directed the government to legally recognize transgender people as a third gender and take steps to remove social stigma and ensure equal legal protection and health programs.
This document summarizes the National Legal Services Authority v. Union of India case in the Supreme Court of India regarding transgender rights. [1] The National Legal Services Authority filed a petition on behalf of the transgender community or "hijras" to gain recognition as a "third gender" and demand their constitutional rights. [2] The Supreme Court observed that other countries recognize transgender people as a third gender and provide fundamental rights. [3] On April 15, 2014, the Supreme Court directed the government to legally recognize transgender people as a third gender and take steps to remove social stigma and ensure equal legal protection and health programs.
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
You are on page 1of 4
National Legal Services Authority v.
Union of India
In our Society, there are so many communities still
face discriminations for the past decades. One of them is Transgender Community. The Society is still not ready to accept them as one of them. Because of the tragic incidents happened in their life. The Life which they are living is not acquire by their own perhaps it happened due to the biological changes. Even though, their lifestyles has been enhanced by various NGO’s and Government Committees, still they did not get their fundamental rights being a Citizen of the Country.
In 2012, the National Legal Services Authority, an Indian statutory
body constituted to give legal representation to marginalized sections of society, filed a writ petition with the Supreme Court of India. The petition is filed behalf of Transgender Community proclaimed as “Hijras”. They demanded their constitutional rights and a status to have entitled them as a “Third Gender”. The Gender Discrimination played a vital role in the violation of the fundamental rights.
NLSA raised issues regarding “Gender Identity” which are
considered as core issues i.e.
(a) Whether a person who is born as a male with predominantly
female orientation (or vice versa), has a right to get himself to be recognized as a female as per his choice more so, when such a person after having undergone operational procedure, changes his/her sex as well? (b) Whether transgender (TG), who are neither males nor females, have a right to be identified and categorized as a “third gender”?
The Supreme Court observed that in various countries like United
States of America, Australia etc, Transgender community is considered as third gender and also, they were provided fundamental rights with special powers as per the respective constitution of the country. The Counsel clarified that the Transgender community are restricted to acquire their fundamental rights under:
Article 14 of the Constitution of India states that the State shall
not deny to “any person” equality before the law or the equal protection of the laws within the territory of India.
Articles 15 and 16 prohibit discrimination against any citizen
on certain grounds, including the ground of ‘sex’. In fact, both the Articles prohibit all forms of gender bias and gender-based discrimination.
On 15 April 2014,
due to the violation of Fundamental rights and to safeguard
and protect the rights of the transgenders guaranteed in the constitution of India, Justice Radhakrishnan delivered the majority opinion of the Supreme Court of India and directed the government to give legal recognition to the third gender, such that individuals would be able to identify themselves as male, female or third gender.
Indeed, Supreme Court also ordered the government to take
necessary steps to remove the social stigma, promote transgender-specific health programs, and grant them equal legal protection.
The Judgement issues by the Supreme Court is appreciated by
various NGOs and Social Welfare activists for providing justice and for uplifting a community from a serious social taboo.