National Legal Services Authority (NALSA) v. Union of India & Others (2014)

This judgment protects the dignity and equality of transgender persons. The Supreme Court said that transgender people are recognized as the third gender. A person may self-identify as male, female, or third gender without forced medical steps. Governments must prevent discrimination and create real support—education, jobs, healthcare, and safety.

• Third gender recognized under the Constitution.
• Right to self-identify gender is a fundamental right.
• Directions for affirmative action and welfare schemes.

1. Do transgender persons have a right to legal recognition as the “third gender”?
2. Does denying recognition violate Articles 14, 15, 16, and 21?
3. Is self-identification of gender protected by the Constitution?
4. Are transgender persons entitled to affirmative action and welfare?
5. What duties do the Union and States have to protect this community?

• Article 14 — Equality before law applies to all persons, including transgender persons.
• Articles 15 & 16 — No discrimination on the ground of sex; includes gender identity. Equal opportunity in public employment.
• Article 21 — Right to life with dignity includes the freedom to express one’s gender identity.

The Supreme Court held that transgender persons are recognized as the third gender. The Court affirmed that a person’s self-identification of gender is protected by the Constitution.

• Discrimination against transgender persons violates Articles 14, 15, 16, and 21.
• Union and State Governments were directed to frame welfare schemes, ensure access to education, healthcare, and employment, and make public spaces safe.
• Affirmative action, including reservations where appropriate, was directed to enable inclusion.
• Awareness programs to reduce stigma were called for across institutions.

Gender identity is an essential part of personality. Equality and dignity demand legal recognition of diverse gender identities. “Sex” in Articles 15 and 16 covers gender identity; denial of recognition violates fundamental rights.

• First national recognition of third gender rights in India.
• Shift from medical gatekeeping to self-identification.
• Directs policy action for education, jobs, health, and safety.
• Foundation for later LGBTQ+ rights developments.

Mnemonic: “NALSA = Name your gender, Affirm rights, Live with dignity, State must act, Affirmative action.”

1. Recognize: Third gender status is valid in law.
2. Respect: Self-identification is the rule.
3. Reform: Government schemes and reservations push inclusion.

Third Gender

A legal gender category beyond male and female.

Self-identification

A person declares their own gender identity without mandatory medical proof.

Affirmative Action

Policy steps like reservations to improve real equality for a disadvantaged group.