Judicial Approach Towards Transgender Rights: An Analysis of the Nalsa Judgment and Beyond
DOI:
https://doi.org/10.29070/rpca1j82Keywords:
Transgender Rights, NALSA Judgment, Gender Identity, Judicial Activism, Human Dignity, Legal Recognition, EqualityAbstract
With the historic National Legal Services Authority v. Union of India (NALSA) ruling in 2014, the Supreme Court upheld the constitutional rights of transgender people to self-identify their gender and live with dignity, marking a revolutionary change in the country's acceptance of transgender rights. The groundwork for comprehensive legal and social frameworks that address the marginalization and prejudice experienced by the transgender population was established by this ruling. Nevertheless, difficulties in implementing rights pertaining to social security, work, healthcare, and education continue despite progressive court rulings. This paper critically analyses the judicial approach towards transgender rights, examining the evolution from the NALSA judgment to subsequent legal developments such as the Arun Kumar and Chinmayee Jena cases, alongside legislative measures like the Transgender Persons (Protection of Rights) Act, 2019. It explores how judicial activism continues to shape gender justice and inclusivity in contemporary India.
References
National Legal Services Authority v. Union of India, (2014) INSC 275.
The Transgender Persons (Protection of Rights) Act, 2019.
The Transgender Persons (Protection of Rights) Rules, 2020.
Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity.
Michelraj, M. (2015). Historical Evolution of Transgender Community in India. Asian Review of Social Sciences, 4(1), 17-19.
Chinmayee Jena v. State of Odisha (2020).
Arun Kumar v. Inspector General of Registration (2019).
Chanchal Bhattacharya v. State of West Bengal (2015).
Viswanathan Krishnamurthy vs. The State of Andhra Pradesh and Another (2025).
O'Flaherty, M., & Fisher, J. (2008). Sexual Orientation, Gender Identity and International Human Rights Law: Contextualising the Yogyakarta Principles. Human Rights Law Review, 8(2), 207-248.
Puttaswamy v. Union of India, (2017) 10 SCC 1.
Indian Psychiatric Society. (2018). Position Statement on LGBTQIA+ Rights and Mental Health. Indian Journal of Psychiatry, 60(4), 481–484.
UNDP & USAID. (2012). Legal Recognition of Gender Identity of Transgender People in India: Current Situation and Potential Reform.
Hamsa, A. (2021). Transgender Rights and Legal Reforms in India: A Critical Analysis of the Transgender Persons (Protection of Rights) Act, 2019. Indian Journal of Law and Human Behaviour, 7(1), 45–58.
International Commission of Jurists (ICJ). (2017). Unnatural Offences: Obstacles to Justice in India Based on Sexual Orientation and Gender Identity.
This work is licensed under a 