CASE COMMENTARY – NATIONAL LEGAL SERVICE AUTHORITY VERSUS UNION OF INDIA (AIR (2014) 5 SCC 438).

        (DECLARATION OF TRANSGENDER PEOPLE AS THE ‘THIRD GENDER’ BY SUPREME COURT OF INDIA AND PROVIDING THE TRANSGENDER PEOPLE WITH GENDER RECOGNITION)

Author – Sadaf, Student of Kristu Jayanti College of Law.

BEST CITATION – Sadaf, CASE COMMENTARY – NATIONAL LEGAL SERVICE AUTHORITY VERSUS UNION OF INDIA (AIR (2014) 5 SCC 438), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 796-800, ISSN – 2583-2344.

ABSTRACT

                 The constitution has enforced certain rights to each individual for their recognition in the society so that they can live life with dignity. There are people who are specified as ‘third gender’ in the Indian constitution who were discriminated, humiliated and disgraced because of their identity. National legal service authority V. UOI is a landmark supreme court judgement which was laid down to recognise the transgender community as the ‘third gender’ to provide them with fundamental rights and identification on the same aspects of men and women. Due to the lack of legislation protecting the rights and recognition of the transgender people, this community faced a lot of discrimination because gender recognition is important in various fields like rights in relation to marriage, adoption, succession, taxation and other important aspects. This article shall emphasize on how the judgement had given the right to be identified and categorized as ‘third gender’ to the transgender community.         

KEYWORDS: Transgender, Gender regognition, Supreme court, Right to life and personal liberty, Gender Identity etc.