Abstract

Transgender rights achieved a major turning point in 2014 when the Supreme Court of India acknowledged transgender people as a third gender in the historic case of National Legal Services Authority v. Union of India. The right to equality (Article 14), freedom of speech (Article 19(1)(a)), and gender self-determination (Article 21) were all emphasized in this ruling. Referencing ancient writings and mythological themes, the judgment acknowledged the pervasive presence of transgender individuals in Indian history and culture. The verdict was criticized for treating some matters, like sexual intercourse and the need for separate detention facilities, superficially, despite the court's progressive approach. The decision mentioned international human rights frameworks, but it did not offer thorough instructions on how to implement these rights. The ruling highlighted the particular requirements of the transgender population and recommended affirmative discrimination and preferential treatment like to that given to women. It did not, however, address issues regarding the actual application of these rights, such as obtaining reservations for OBCs or establishing precise rules for the application of gender law. The ruling emphasized the need for medical care and social education for the transgender population, but it did not entirely accept the Yogyakarta Principles' recommendations for changes to the penal code. Despite its shortcomings, the NALSA judgment remains a pivotal moment in the fight for transgender rights in India, promoting their recognition and classification as a socially and educationally disadvantaged group deserving of positive discrimination.

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