Case Analysis: NALSA (National Legal Services Authority) vs UOI (Union of India )
IN THE SUPREME COURT OF INDIA
Civil Original Jurisdiction
Writ Petition No. 400 of 2012
Petitioners – National Legal Services Authority
Poojya Mata Nasib Kaur Ji Women Welfare Society
Laxmi Narayan Tripathy
Respondent – Union of India & Others
Citation – (2014) Supreme Court Cases 438
Date of the Judgment – 15th April 2014
Bench – S. Panicker Radhakrishnan and A K Sikri, JJ
Table of Contents
Introduction :
15th April 2014, an afternoon which created records withinside the Indian criminal system. On this present day a Landmark Judgement turned into given by the bench comprising of Justice K. S. Radhakrishnan and Justice A. K. Sikri at the case of National Legal Services Authority v. Union of India. This judgment is one made India a nation wherein gender equality topics because it declared transgender who does now no longer fall below male or woman class falls below a ‘third gender’ class. It found that the fundamental rights granted below the Constitution of India are going to be similarly relevant to any or all which includes transgender people, and gave them the proper of gender identification which at the beginning simply incorporates of male or woman however now also right to select their sex on third gender class. Since years transgender confronted torture, shame, discrimination, hatred, abuse and violence due to the fact they have been now no longer taken into consideration in male or woman categories. This judgment is the redress for the grievances of the transgender network who suffered for the reason that years. This case found a criminal statement in their gender identification as a part of the democracy of India. It concluded that non-reputation in their gender identification violates Article 14,15,16, 19 and 21 of the Constitution of India.
Facts:
In this case, there had been writ petitions filed to shield the rights and identification of the transgender network, which was clubbed with the aid of using the Apex Court. One writ petition No. 400 of 2012 was filed with the aid of using NALSA constituted under the Legal Services Authority Act, 1997. The different Writ Petition No. 604 of 2013 changed into filed with the aid of using Poojaya Mata Nasib Kaur Ji Women Welfare Society, a registered affiliation searching for comparable reliefs in recognize of Kinnar network, a TG network.
Laxmi Narayan Tripathy affirmed to be a Hijra, additionally pleaded earlier than the Court representing the humans of the transgender network and his lifestyles sufferings for the popularity in their gender identification as a ‘third gender’.
Issues:
- Whether someone who’s born as a male with predominantly woman orientation (or vice versa), has a right to get himself to be identified as a woman as in line with his choice more so, whilst such a person after having passed through the operational procedure, changes his/her sex as well;
- Whether transgenders (TGs), who are neither men nor females, have a right to be recognized and categorised as “third gender”?”
Provisions:
- Article 14
- Articles 15 and 16
- Article 21
- Section 377 of the IPC
Judgement
To shield the rights of transgender below the guarantee given withinside the Constitution of India, it was declared that:
Hijras, Eunuchs, apart from binary gender need to be categorised below “third gender according to assure in part III of the Constitution.
Transgender become sustained with the ‘proper to determine their self-diagnosed gender’ and the State has to shield their felony popularity in their gender identification below ‘third gender’.
It directed the authorities to broaden mechanisms to shield the rights and take steps for the welfare of “third gender ”transgender persons.
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