by Prerika Narang (Sec L) Search

NALSA VS. UOI

Case Analysis
National Legal The case was a landmark
decision where the
Services Supreme Court legally
Authority recognized the third
gender/ transgender for
(NALSA) Vs. the first time and
Union of India discussed "gender
identity'' at length.

Why is the case so important?

 The case was filed as a writ petition
under Article 32 A and Article 226

Some
under the Constitution of India

It also referred to an "Expert

Key
Committee on issues relating to
Transgender'' constituted under the
Ministry of Social Justice and
Empowerment to develop for the

Facts
judgement.

This case also paved the way for the

Transgender Persons (Protection of
Rights) Act, 2019
 The Court held that -
It is the right of all persons to
self-identify their gender. The
Court clarified that gender
identity didn't refer to biological
characteristics but rather "an
innate perception of one's
gender.
The Court also upheld that all
the Fundamental Rights
extended to transgender people,
giving special emphasis on
Dignity under Article 21, Right to
Equality under Artiicle 14 and
Freedom of Expression under
Article 19(1)(A)
The Court held that public awareness programs were required to
tackle stigma against the transgender community. It also directed
the Central and State Governments to take several steps for the
advancement of the transgender community, including

1 2 3

Making provisions Recognizing third gender Taking steps to

for legal persons as a “socially frame social
recognition of and educationally welfare
"third gender'' in backward class of schemes for the
all documents citizens”, entitled to community
reservations in
educational institutions
and public employment.
THANK YOU