National Legal Services Authority v. Union of India | |
---|---|
Court | Supreme Court of India |
Decided | 15 April 2014 |
Citation(s) | 2014 INSC 275 |
Court membership | |
Judges sitting | K. S. Radhakrishnan A. K. Sikri |
Keywords | |
Constitution of India |
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. [1] [2] [3] [4] 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.
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. [5] 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. [6]
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. [6] 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. [7] 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.
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. [8]
The legal status of transgender people varies greatly around the world. Some countries have enacted laws protecting the rights of transgender individuals, but others have criminalized their gender identity or expression. In many cases, transgender individuals face discrimination in employment, housing, healthcare, and other areas of life.
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The Yogyakarta Principles is a document about human rights in the areas of sexual orientation and gender identity that was published as the outcome of an international meeting of human rights groups in Yogyakarta, Indonesia, in November 2006. The principles were supplemented and expanded in 2017 to include new grounds of gender expression and sex characteristics and a number of new principles. However, the Principles have never been accepted by the United Nations (UN) and the attempt to make gender identity and sexual orientation new categories of non-discrimination has been repeatedly rejected by the General Assembly, the UN Human Rights Council and other UN bodies.
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Multiple countries legally recognize non-binary or third gender classifications. These classifications are typically based on a person's gender identity. In some countries, such classifications may only be available to intersex people, born with sex characteristics that "do not fit the typical definitions for male or female bodies."
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