Case Summary: National Legal Services Authority v. Union of India
Citation: (2014) 04 SC CK 0023 | (2014) 5 SCC 438
Case No: Writ Petition (Civil) Nos. 400 of 2012 and 604 of 2013
Date of Decision: 15 April 2014
Bench: Hon'ble Justices K.S. Panicker Radhakrishnan and Arjan Kumar Sikri
Final Decision: Disposed Of
[Judgment Source]
https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=274286
One Page Summary
Law Points Raised:
- Whether non-recognition of the third gender identity violates Articles 14, 15, 19 and 21 of the Constitution.
- Whether the State must provide affirmative action and rights protection to transgender individuals.
- Whether the right to gender identity is part of the right to life and personal liberty.
- Whether third gender status should be recognized legally for transgender persons.
Ratio Decidendi:
The Supreme Court held that transgender persons have the right to self-identify their gender as male, female, or third gender, and that this identification is protected under Articles 14 (Equality), 15 (Prohibition of Discrimination), and 21 (Right to Life and Personal Liberty) of the Constitution. Denial of this right is unconstitutional.
Final Ruling:
- Transgenders recognized as the 'third gender'.
- Right to gender identity declared as part of Article 21.
- Directed Centre and States to grant legal recognition and provide reservations in education and public employment.
- Recognized transgenders as Socially and Educationally Backward Classes (SEBC).
- Ordered separate public toilets and healthcare provisions.
- Directed measures to reduce stigma and ensure equal rights.
Relevant Paragraphs:
Paras: 1–3 (Background and Pain of TG Community),
Paras: 5–10 (Legal Arguments),
Paras: 11–18 (Historical Context),
Paras: 19–20 (Gender Identity & Sexual Orientation),
Paras: 21–22 (Yogyakarta Principles),
Paras: 129–135 (Final Directions).