National Legal Services Authority VS U.O.I – Indian Judiciary – Free PDF Download

Parties [(2014) 5 SCC 438]

1. National Legal Services Authority (Primary petitioner)
2. Poojaya Mata Nasib Kaur Ji Women Welfare Society
3. Laxmi Narayan Tripathy Vs.
4. Union of India (Defendant)

Coram

1.  Justice K.S. Radhakrishnan
2.  Justice A.K. Sikri

Historical background of transgenders

Facts of the case

• face a lot of humiliation and disgrace
• exploited and harassed
• violations of the fundamental rights
• lack of legal provisions for persons of the third gender

Issues 

‘gender identity’,  the primary issue in the case.

• Whether a person who is born as a male with predominantly female orientation (or vice versa), has a right to get himself/herself to be recognized as a female as per his/her choice more so, when such a person after having undergone the operational procedure, changes his/her sex as well;
• Whether transgenders (TGs), who are neither males nor females, have a right to be identified and categorized as ‘third gender’?

Judgment

• Right to equality Article 14
• Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
• Article 21. They have the right to live a dignified life and enjoy personal liberty.
• Full recognition in the eyes of the law.
• Recognizing third gender individuals as a ‘socially and educationally backward class of citizens’ entitled to reservation in educational institutions and public employment.
• Medical Operations not allowed.
• Indian transgender people who were the firsts in their fields
• India’s first transgender lawyer: Sathyasri Sharmila

• India’s first transgender judge: Joyita Mondal
• India’s first transgender police officer: Prithika Yashini

• India’s first transgender college principal: Manabi Bandopadhyay

• India’s first transgender who became an MLA: Shabnam Mausi

Indian Judiciary | Free PDF

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