Indian LGBT Rights Case Law
National Legal Services Authority v. Union of India (2014) is a landmark judgement of the Supreme Court of India, which declared transgender people the 'third gender', affirmed that the fundamental rights granted under the Constitution of India will be equally applicable to them, and gave them the right to self-identification of their gender as male, female or third gender.
This judgement has been distinguished as a major step towards gender equality in India. Moreover, the court also held that because transgender people were treated as socially and economically backward classes, they will be granted reservations in admissions to educational institutions and jobs.
Parties.
The National Legal Services Authority of India (NALSA) was the primary petitioner. It had been constituted with the primary objective of providing free legal aid services to the disadvantaged sections of Indian society. The other petitioners in the matter were the Poojya Mata Nasib Kaur Ji Women Welfare Society, a registered society and NGO, and Laxmi Narayan Tripathy, a renowned Hijra activist.
Bench.
The case was heard before a two-judge bench of the Supreme Court, composed of Justice K.S. Panicker Radhakrishnan and Justice Arjan Kumar Sikri. Justice Radhakrishnan had functioned as a Standing Counsel for a number of educational and social organizations and held appointments in the High Courts of Kerala, Jammu and Kashmir and Gujarat before his elevation to the Supreme Court. Justice Sikri began legal practice in Delhi, specializing in Constitutional cases, Labour and Service matters, and Arbitration matters. Prior to his elevation to the Supreme Court, he held appointments in the Delhi High Court and Punjab and Haryana High Court.
Judgement.
The Court has directed Centre and State Governments to grant legal recognition of gender identity whether it be male, female or third-gender:
The Court notes that these declarations are to be read in light of the Ministry of Social Justice and Empowerment Expert Committee Report on issues relating to transgender individuals.
References.
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