NALSA Judgement: A Legal Recognition of Third Gender

Purpose of study: This case comment aims to contribute to a historical judgement in the Indian legal system. This judgement not only legally declare LGBTQ community as third gender but also redress the injustice of the transgender community who endured since years. It is observed that the basic human rights entitled since birth bestowed under the constitution are equally applicable to all the citizens including the transgender people and gave them the right of gender identity which was not given to them earlier. To analyse and examine the case, main issues arise are: Whether the Transgender community need to be identified and categorized as “third gender”. Implications: This case comment will through a light upon the struggles faced by the LGBT community since ages. But now situations have been changing through judicial pronouncement in the welfare and development of transgender people. The court has given decision to treat transgender people as equal as men and women. This case has indeed created a history, by giving the identity to transgender people as third gender. This judgement is just beginning of new path of justice and equality in India.