The case of National Legal Services Authority v. Union of India is a landmark judgment delivered by the Supreme Court of India on April 15, 2014. The case originated from a writ petition filed by the National Legal Services Authority (NALSA) and others, seeking legal recognition and protection for persons who fall outside the male/female gender binary. The problem it solved was the non-recognition of the gender identity of transgender persons, which led to widespread discrimination and violation of their fundamental rights.
The ratio decidendi of the judgment, delivered by Justices K. S. Radhakrishnan and A. K. Sikri, was that the Supreme Court legally recognized transgender persons, including Hijras and Eunuchs, as the "third gender" and affirmed their right to self-identify their gender as male, female, or third gender. The judgment held that discrimination on the ground of "sex" under Articles 15 and 16 of the Constitution includes discrimination based on gender identity. It also affirmed that the right to self-determination of gender is an integral part of personal autonomy and falls under the right to life and personal liberty guaranteed by Article 21, and that the right to express one's self-identified gender is protected under Article 19(1)(a).
The judgment directed the Central and State Governments to grant legal recognition to the third gender and treat them as a socially and educationally backward class, entitling them to reservations in educational institutions and public appointments. This judgment is directly connected to the subsequent enactment of the Transgender Persons (Protection of Rights) Act, 2019. While the Act was passed to implement the judgment, it has been criticized for conflicting with the NALSA verdict, particularly regarding the process of obtaining a gender identity certificate, which some argue undermines the right to self-identification affirmed in the 2014 judgment.