NALSA v. Union of India (2014)
The Constitutional Foundation
The 2014 Supreme Court ruling in National Legal Services Authority v. Union of India is the cornerstone of transgender rights in India. A Constitution Bench held that gender identity is an aspect of personal autonomy protected under Articles 14, 15, 19, and 21 of the Constitution. The judgment recognised transgender persons as a "third gender" and held that self-identification — without surgery or medical approval — is a fundamental right. The 2019 Act's Section 4(2) codified this holding. The 2026 Amendment deletes that provision, which activists argue is unconstitutional.
- Decided April 15, 2014; Bench led by Justice K.S. Radhakrishnan
- Article 21 — Right to life and personal liberty includes dignity, bodily autonomy, and gender identity
- Article 14 — Equality before law; transgender persons cannot be denied equal protection
- Article 15 — Prohibition of discrimination on grounds of sex; court read "sex" to include gender identity
- Court directed OBC-equivalent reservations for transgender persons — a directive still unimplemented
- The judgment drew from international standards including the Yogyakarta Principles on gender identity
● Tracked since March 10, 2026 · last seen August 04, 2026 · updates as the daily brief publishes
Plus 4 earlier mentions since March 10, 2026.