#Pride Stories from the pages of history

Today we talk about famous NALSA Case Judgement in India 

The judgement was delivered by a two-judge bench comprising of Justice K.S. Radhakrishnan and Justice A.K. Sikri on 15th April 2014

India for long has lacked gender awareness, and the same is reflected not only in the general attitude of the society but the law of the land too. Specific legislation and provisions are needed that will safeguard the rights of the individuals who do not identify as either male or female.

Background

Two writs were filed to protect and safeguard the rights of individuals that belong to the transgender community.

The National Legal Services Authority which is constituted under the Legal Services Authority Act, 1997, filed a writ petition.

It was followed by another writ petition which was filed by Poojya Mata Nasib Kaur Ji Women Welfare Society, a registered association for the protection of the rights of the Kinnar (Transgender) community.

Laxmi Narayan Tripathi, who considered themselves to be Hijra, also approached the court and was also impleaded in the present case. They claimed that being a hijra, their rights as guaranteed by Article 14 and 21 were being denied and the Court had to intervene so that he and other members of their community are not discriminated against anymore.

What was the judgement of the NALSA case?

The NALSA case judgement led to the recognition of transgender people as the ‘third gender’ by the Supreme Court of India, affirming that the fundamental rights granted under the Constitution of India will be equally applicable to them, and gave them the right to self-identification of their gender as male, female or third gender.

• The court in its landmark judgement relied on various judgements from foreign courts like New Zealand, Australia, Malaysia, Pakistan, and England.
• The Court made a distinction between Biological sex and Psychological sex.
• The Court said no to gender identification based on biological sex and gave full importance to identification based on psychological sex.
• The Court ruled that all provisions in the international conventions including the Yogyakarta Principles must be recognized and followed provided they align with the fundamental rights guaranteed by Part III of the Constitution.
• The Court held that transgenders fall within the purview of the Indian Constitution and thus are fully entitled to the rights guaranteed therein.
• The Court held that the State and Central governments must grant transgenders full recognition in the eyes of the law so that they can get education and healthcare without being subjected to any kind of discrimination.
• The Court also decided that Hijras, Eunuchs are to be treated as the “third gender”.
• It made various declarations and directions to the Centre and State Governments such as to operate separate HIV Zero-Surveillance Centers, provision for separate public toilets, and appropriate medical care in hospitals for transgenders.

Conclusion

This judgement came as a fresh ray of hope for the transgender community who have long suffered in silence in the face of large scale discrimination and social injustice. We cannot be naive to believe that this judgement will change the way society treats transgender individuals but it is a start to right the wrongs that have taken place against transgenders for centuries together.

#Inclusivity #InclusiveWorld #BetterWorld #PrideMonth

PS: Written in personal capacity