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of <h1>Supreme Court Affirms Transgender Rights: Recognition, Self-Identification, Inclusion</h1> <h3>NATIONAL LEGAL SERVICES AUTHORITY Versus UOI. & ORS.</h3> NATIONAL LEGAL SERVICES AUTHORITY Versus UOI. & ORS. - 2014 AIR 1863, 2014 (5) SCC 438 Issues Involved:1. Recognition of the third gender.2. Legal recognition of gender identity.3. Discrimination against transgender persons.4. Social and educational backwardness of transgender persons.5. Medical care and social welfare for transgender persons.6. Public awareness and social inclusion.Detailed Analysis:1. Recognition of the Third Gender:The court emphasized that the transgender community, including Hijras and Eunuchs, should be recognized as a distinct third gender. This recognition is essential for safeguarding their constitutional rights under Part III of the Constitution and various laws. The court declared, 'Hijras, Eunuchs, apart from binary gender, be treated as 'third gender' for the purpose of safeguarding their rights under Part III of our Constitution and the laws made by the Parliament and the State Legislature.'2. Legal Recognition of Gender Identity:The judgment highlighted the right of transgender persons to self-identify their gender. It stated that non-recognition of their gender identity violates Articles 14 and 21 of the Constitution of India. The court upheld that 'Transgender persons' right to decide their self-identified gender is also upheld and the Centre and State Governments are directed to grant legal recognition of their gender identity such as male, female or as third gender.'3. Discrimination Against Transgender Persons:The court noted the extreme discrimination faced by transgender persons in various spheres, including employment, education, healthcare, and public spaces. It was observed that 'Non-recognition of the identity of Hijras/transgender persons denies them equal protection of law, thereby leaving them extremely vulnerable to harassment, violence, and sexual assault.' The court directed the Centre and State Governments to treat transgender persons as socially and educationally backward classes and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.4. Social and Educational Backwardness of Transgender Persons:The court recognized the social and educational backwardness of transgender persons and directed the government to extend reservations and other affirmative actions to them. It stated, 'We direct the Centre and the State Governments to take steps to treat them as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.'5. Medical Care and Social Welfare for Transgender Persons:The judgment addressed the need for proper medical care and social welfare measures for transgender persons. It directed the government to provide separate public toilets and other facilities, operate separate HIV Sero-surveillance Centres, and take measures to provide medical care in hospitals. The court stated, 'Centre and State Governments should take proper measures to provide medical care to TGs in the hospitals and also provide them separate public toilets and other facilities.'6. Public Awareness and Social Inclusion:The court emphasized the importance of creating public awareness to ensure social inclusion and respect for transgender persons. It directed the Centre and State Governments to take steps to create public awareness so that transgender persons will feel part of social life and not be treated as untouchables. The judgment stated, 'Centre and State Governments should also take measures to regain their respect and place in the society which once they enjoyed in our cultural and social life.'Conclusion:The Supreme Court's judgment is a landmark decision that recognizes the rights of transgender persons to self-identify their gender and be legally recognized as a third gender. It addresses the discrimination and social exclusion faced by transgender persons and directs the government to take affirmative actions, provide medical care, and create public awareness to ensure their inclusion and respect in society. The judgment is a significant step towards ensuring equality and dignity for transgender persons in India.
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