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National Legal Services Authority v. Union of India

Writ Petition (Civil) · Neutral citation not assigned (Writ Petition (Civil) No. 400 of 2012)Decided 15 Apr 2014
Writ Petition (Civil) No. 400 of 2012
Justice K.S. Radhakrishnan · Justice A.K. Sikri

Background

The National Legal Services Authority and a welfare association sought recognition of transgender people's gender identity and protection against discrimination. An intervenor described the exclusion experienced by the hijra community. The petitions explained how a rigid male/female classification obstructed access to education, employment, healthcare and public facilities.

Decision Breakdown

The Court allowed the petitions and recognised hijras and eunuchs as a third gender, while protecting transgender people's right to identify as male, female or third gender. Both judges agreed that constitutional equality, dignity, autonomy and freedom of expression protect gender identity; sex discrimination includes discrimination based on gender identity. Governments were directed to recognise that identity, treat the community as socially and educationally backward for education and public-employment reservations, and provide healthcare, facilities, welfare measures and public awareness. The operative directions expressly rejected compulsory sex-reassignment surgery as a condition of recognising gender. An expert committee's recommendations were to be examined against these declarations and implemented within six months.

Lesson Learnt

A transgender person's constitutional protection does not depend on fitting the gender assigned at birth or undergoing surgery. Authorities must respect self-identified gender and address the barriers identified in this judgment; the reservation directions concern government action rather than an individually fixed quota.

Official source (sci.gov.in)View Judgment (PDF)

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