Case Comment: National Legal Services Authority vs. Union of India AIR 2014 SC 1863
- YourLawArticle
- Jul 9
- 1 min read
Written by: Advocate Kaviya S , LL.M, Sathyabama School Of Law
Abstract
The landmark case National Legal Services Authority v. Union of India (AIR 2014 SC 1863) marked a pivotal moment in Indian constitutional jurisprudence by legally recognizing transgender individuals as the “third gender.” The Supreme Court of India, in this Public Interest Litigation (PIL) filed by NALSA, held that non-recognition of gender identity violates Articles 14, 15, 16, 19(1)(a), and 21 of the Constitution. The Court emphasized that gender identity is integral to one’s dignity and personal autonomy, and thus falls within the scope of the right to life and personal liberty. Relying on international principles such as the Yogyakarta Principles and the recommendations of the Expert Committee on Transgender Persons, the Court directed both Central and State governments to ensure affirmative action, legal recognition, healthcare access, and protection from discrimination for transgender individuals. This judgment laid the foundation for future legislation like the Transgender Persons (Protection of Rights) Act, 2019. The case stands as a milestone in India's human rights discourse, reinforcing the inclusive spirit of the Constitution and recognizing the identity, dignity, and rights of a historically marginalized community.
Keywords: LGBTQ+ rights, India, legal discrimination, transgender rights, constitutional law, Article 14, Article 21
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