National Legal Services Authority v.

Union of India

In our Society, there are so many communities still

face discriminations for the past decades. One of them is
Transgender Community. The Society is still not ready to accept
them as one of them. Because of the tragic incidents happened in
their life. The Life which they are living is not acquire by their own
perhaps it happened due to the biological changes. Even though,
their lifestyles has been enhanced by various NGO’s and
Government Committees, still they did not get their fundamental
rights being a Citizen of the Country.

In 2012, the National Legal Services Authority, an Indian statutory

body constituted to give legal representation to marginalized
sections of society, filed a writ petition with the Supreme Court of
India. The petition is filed behalf of Transgender Community
proclaimed as “Hijras”.
They demanded their constitutional rights and a status to have
entitled them as a “Third Gender”. The Gender Discrimination
played a vital role in the violation of the fundamental rights.

NLSA raised issues regarding “Gender Identity” which are

considered as core issues i.e.

(a) Whether a person who is born as a male with predominantly

female orientation (or vice versa), has a right to get himself to be
recognized as a female as per his choice more so, when
such a person after having undergone operational procedure,
changes his/her sex as well?
(b) Whether transgender (TG), who are neither males nor females,
have a right to be identified
and categorized as a “third gender”?

The Supreme Court observed that in various countries like United

States of America, Australia etc, Transgender community is
considered as third gender and also, they were provided
fundamental rights with special powers as per the respective
constitution of the country.
The Counsel clarified that the Transgender community are
restricted to acquire their fundamental rights under:

 Article 14 of the Constitution of India states that the State shall

not deny to “any person” equality before the law or the equal
protection of the laws within the territory of India.

 Articles 15 and 16 prohibit discrimination against any citizen

on certain grounds, including the ground of ‘sex’. In fact, both
the Articles prohibit all forms of gender bias and gender-based
discrimination.

On 15 April 2014,

due to the violation of Fundamental rights and to safeguard

and protect the rights of the transgenders guaranteed in the
constitution of India, Justice Radhakrishnan delivered the
majority opinion of the Supreme Court of India and directed
the government to give legal recognition to the third gender,
such that individuals would be able to identify themselves as
male, female or third gender.

Indeed, Supreme Court also ordered the government to take

necessary steps to remove the social stigma, promote
transgender-specific health programs, and grant them equal
legal protection.

The Judgement issues by the Supreme Court is appreciated by

various NGOs and Social Welfare activists for providing justice
and for uplifting a community from a serious social taboo.

Article By: R.A.Aswin

Krishna

Date: 22-09-2020