NALSA vs Union

The National Legal Services Authority v. Union of India is a landmark Supreme Court judgment delivered on April 15, 2014, by a two-judge bench including Justice K. S. Radhakrishnan. The ratio decidendi 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. The case originated from a Public Interest Litigation filed by the National Legal Services Authority (NALSA) and others, seeking legal recognition for persons outside the male/female binary to address the severe discrimination they faced. The Court affirmed that the fundamental rights guaranteed under the Constitution apply equally to transgender persons. It held that the denial of gender identity recognition violates Articles 14 (equality before law), 15 (non-discrimination), 16 (equal opportunity), 19(1)(a) (freedom of expression), and 21 (protection of life and personal liberty). The judgment directed the Central and State Governments to treat transgender persons as a socially and economically backward class and extend them reservation in educational institutions and public appointments under Articles 15(4) and 16(4). It also mandated the provision of social welfare schemes, medical care, and separate public facilities. The judgment is connected to the subsequent legislative action, the Transgender Persons (Protection of Rights) Act, 2019, which was enacted to give effect to the rights recognized by the Court. However, the implementation of the judgment's core directions, particularly the process for legal gender recognition, continues to face bureaucratic challenges.