The case of National Legal Services Authority (NALSA) v. Union of India is a landmark Judgment of the Supreme Court of India, delivered on April 15, 2014. The petition was filed by the National Legal Services Authority (NALSA), a statutory body, to secure legal recognition and constitutional rights for transgender persons. The judgment addressed the problem of non-recognition and systemic discrimination faced by individuals who do not conform to the male/female gender binary.
The core ratio decidendi of the judgment is that transgender persons have the constitutional right to self-identify their gender, and the State is obligated to recognise them as the "third gender". The Court held that denial of this recognition violates fundamental rights, including the right to equality under Article 14, the prohibition of discrimination on the ground of sex under Articles 15 and 16, the right to freedom of expression under Article 19(1)(a), and the right to life and dignity under Article 21. The bench, comprising Justice K. S. Radhakrishnan and Justice A. K. Sikri, directed the Central and State Governments to treat transgender persons as a "socially and educationally backward class of citizens" and provide them with affirmative action, including 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 criticised for potentially diluting the NALSA ruling's principle of self-identification. While the judgment explicitly stated that no medical or surgical procedure is required for legal recognition, the subsequent Act's process for obtaining a revised gender identity certificate has been viewed as shifting the right from self-determination to state validation.