Key Terms & Concepts — UPSC Mains
NALSA v. Union of India
"Landmark Supreme Court judgment recognising transgender persons as a third gender with the right to self-identification"
NALSA v. Union of India (2014) is a landmark Supreme Court judgment delivered on April 15, 2014, by a bench of Justice K.S. Radhakrishnan and Justice A.K. Sikri. The Court recognised transgender persons as a 'third gender' under Indian law, affirmed the fundamental right to self-identification of gender under Article 21, and directed the government to treat transgender persons as socially and educationally backward classes entitled to reservation in education and employment.
Critical for GS2 (rights of vulnerable sections, judiciary) and GS4 (ethics, dignity). The 2026 Amendment to the Transgender Persons Act reignited debate around this judgment by excluding self-perceived identity, making it highly relevant current affairs.
- 1 Bench: Justice K.S. Radhakrishnan and Justice A.K. Sikri
- 2 Date: April 15, 2014
- 3 Recognised transgender persons as third gender
- 4 Right to self-identification of gender under Article 21
- 5 Discrimination on gender identity violates Articles 14, 15, 16, and 19
- 6 Directed OBC-like reservations for transgender persons
- 7 Led to Transgender Persons (Protection of Rights) Act, 2019
- 8 2019 Act criticised for not implementing self-identification fully
- 9 2026 Amendment further narrows definition by excluding self-perceived identity
The NALSA judgment explicitly stated that the right to self-identification is 'the basic right of self-determination' — the 2026 Amendment's medical board certification requirement arguably contradicts this principle.