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

Table of Contents

Parties [(2014) 5 SCC 438]

Facts of the case

‘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