The NALSA Judgment is a landmark Supreme Court of India judgment delivered on April 15, 2014, in the case of National Legal Services Authority (NALSA) v. Union of India. The judgment formally recognized transgender persons as the "third gender" and affirmed their fundamental rights under the Constitution. The case was filed by NALSA, a statutory body, and other petitioners like activist Laxmi Narayan Tripathy, seeking legal recognition and protection for transgender individuals who face discrimination in education, employment, and healthcare.
The core ratio of the judgment is that transgender persons have the constitutional right to self-identify their gender, and the State is bound to recognize them as a third gender, as denial of this right violates Articles 14, 15, 16, 19(1)(a), and 21 of the Constitution. The Court held that the term "sex" in Articles 15 and 16 includes gender identity, which is an innate perception of one's gender, not just biological attributes. Key provisions include the right to self-determination of gender identity without requiring Sex Reassignment Surgery (SRS) or medical examination, and the inclusion of the right to express one's gender through dress and behavior under Article 19(1)(a). The Court also directed the Central and State Governments to treat transgender persons as a socially and educationally backward class, entitling them to reservations in educational institutions and public employment.
The judgment led to the enactment of the Transgender Persons (Protection of Rights) Act, 2019. However, the Act has been criticized for contradicting the NALSA judgment by introducing a process for obtaining a Certificate of Identity from a District Magistrate, which some activists argue undermines the principle of self-identification. The judgment's directive for reservations for the community has largely remained unimplemented.