National Legal Services v. India

Writ Pet. (Civil) No. 400 of 2012 (April 15, 2014) (2014)

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National Legal Services v. India

India Supreme Court
Writ Pet. (Civil) No. 400 of 2012 (April 15, 2014) (2014)

KS

Facts

The transgender community in India, including nonbinary individuals, has long experienced trauma, abuse, isolation, and deprivation. Because of widespread discrimination, members of the transgender community were denied equal access to education, medical care, voting rights, employment, public accommodations, and other services. National Legal Services (plaintiff), on behalf of members of India’s transgender community, filed a writ petition with the India Supreme Court. The writ petition argued that the Indian government (defendant), by failing to recognize the gender identity of individuals, violated the constitutional rights of members of the transgender community. Additionally, National Legal Services asserted that the constitutional right to determine and express gender identity extended to nonbinary individuals who considered themselves neither male nor female but instead a third gender.

Rule of Law

Issue

Holding and Reasoning (Radhakrishnan, J.)

Concurrence (Sikri, J.)

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