• Services For Users/Clients
      • Business Registrations
      • GST Registration (Person)
      • GST Registration (Company)
      • Importer Exporter Code
      • Trade License
      • FSSAI Registration
      • Udyog Aadhaar/MSME Registration
      • Shops & Establishments Registration
      • Partnership Firm Registration
      • Private Limited Company Registration
      • Producer Company Registration
      • Instant Legal Advise
      • Instant Legal Research Advisory (By Video Meet - 30 Mins)
      • Instant Legal Research Advisory (By Phone - 30 Mins)
      • Instant Legal Research Advisory (By Email)
      • Case Status & Case Analysis (By Video Meet - 30 Mins)
      • Case Status & Case Analysis (By Phone - 30 Mins)
      • Case Status & Analysis (By Email)
      • Contracts & Agreements
      • Business Contracts & Agreements
      • Vetting Contracts & Agreements
      • Content Paraphrasing
      • Legal Translation/Transcription
      • Affidavits, Notary, Wills & POAs
      • Affidavit
      • Notary
      • Will
      • Codicil
      • General Power of Attorney
      • Special Power of Attorney
      • Attestation
      • Legal Research & Judgement Analysis
      • Judgments Search
      • Related Judgements Analysis
      • Laws/Reports/Acts Search
      • Judgment Summary
      • Pleadings & Petitions Analysis
      • Trial Courts & Dist Forums
      • High Courts & State Forums
      • Supreme Court & National Forums
      • Application Analysis
      • Exhibits Analysis
      • Evidence Analysis
  • Services For Lawyers
      • Online Office & Case Management
      • Assisted Online Case(s) & Calendar Management
      • Assisted Online Billing & Invoicing Assistance
      • Assistance in Recruiting Associates, Juniors, Staff
      • Assistance in Recruiting Interns
      • Translation, Transcription & Typing
      • Legal Translation/Transcription
      • On-call Typing
      • Typing
      • Trial Preparation
      • Opening & Closing Statements
      • Pointers & Charts
      • Drafting & Document Management
      • Drafting Contracts & Agreements
      • Vetting Contracts & Agreements
      • Document Conversion (Jpeg to Word/PDF, PDF to Word etc)
      • Content Paraphrasing
      • Drafting Wills/POAs/GPA/SPA/Affidavits
      • Legal Research
      • Judgment search
      • Laws, Acts & Reports Search
      • Judgment Summary
      • Related Judgments Search
      • Pleadings & Petitions Drafting
      • Petition/Plaint/Objections/Rejoinder drafting - Trial Courts & Dist Forums
      • Petition/Plaint/Objections/Rejoinder drafting - High Courts & State Forums
      • Petition/Plaint/Objections/Rejoinder drafting - Supreme Court & National Forums
      • Applications & Affidavits drafting
      • Petition/Plaint/Objections/Rejoinder Proof Reading
      • Indexing & Table of contents
      • Preparing & Marking Exhibits
      • E Filing
  • +91 9632247247
  • Sign In/Sign Up
Menu
  • +Users/Clients Back

    • Get Fee Legal Answers
    • Get Fee Estimates
    • Find Lawyers
    • Get A Dedicated Legal Assistant
  • +Lawyers

    • Display Boards
    • Case Diary & Office Manager
    • Petitions & Pleadings Templates
    • Post News & Artilces
    • Post Jobs & Internships
    • Get A Dedicated Legal Secretary
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • Legal News
  • Case Analysis: National Legal Services Authority v. Union of India (2014) 5 SCC 438

Latest News

Back

Case Analysis: National Legal Services Authority v. Union of India (2014) 5 SCC 438

Courtesy/By: Sanyam Agarwal  |  01 Dec 2020     Views:140

The following petition was filed by The National Legal Services Authority, constituted under the Legal Services Authority Act, 1997 to safeguard the rights of the Transgender citizens to get a declaration of their gender identity, apart from the male and female that were given to them emphatically. The petition contended that such non-declaration violates the Articles 14 and 21 guaranteed to them under Part III of the Constitution of India. Several other petitions got clubbed with this one contending the same with the effect of including Hijras/Eunuchs, Kinnars etc. as the third gender and giving these genders the same fundamental rights as guaranteed to the citizens of other genders.

The counsel for the petitioners highlighted the traumatic condition of those people in the absence of the recognition that is not given to them. Neither are they termed as male or female nor given the right to decide upon their sexual orientation that leaves behind a huge aperture of rights which they are not able to enjoy or claim at the time of distress. This ranges from claiming their right to contest elections to inadequate or even null infrastructure in health care and public hygiene to being treated as an outcast and untouchable and being denied employment and thus violates their Article 14, 15, 16 and 21 of the Constitution of India.
The counsels also pointed out the historical background and their importance and the role they played in the history by citing the Hindu Mythology Vedic and Puranic literature, and the prominent role played by them in the royal courts of the Islamic world etc. The counsel also pleaded for placing the community under the socially and educationally backward classes of citizens and must be accorded all benefits available to that class of persons and weighed in that the ‘Kinnar’ being the most deprived one and be given special socio-economic benefits.

The respondents while accepting the backwardness and the socially benighted life faced by the community replied that a Committee, called “Expert Committee on Issues relating to Transgender”, has been constituted to conduct an in-depth study of the problems relating to transgender persons to make appropriate recommendations to Ministry of Social Justice and Empowerment.

The court took notice of the various steps taken by various states and Union Territories to empower the ones. The bench also took on to describe the difference between the above-mentioned classes and their individual plights. The court also took notice of the international bodies who advocate the rights of the third genders and the recognition and rights these bodies describe in their charters, for example, Article 6 of the Universal Declaration of Human Rights, 1948 and Article 16 of the International Covenant on Civil and Political Rights, 1966 (ICCPR). Special attention was drawn towards the Yogyakarta principles which talk about the International Human Rights Law about Sexual Orientation and Gender Identity. The court took notice of the reports of the United Nations over the HIV and pointed out that the most concerning state is of Transgenders who get engaged as the Sexual Workers to meet their needs and get prone to the STD diseases which also add to their plight of social exclusion.

Another point which court took notice was that of Article 253 of the Constitution of India and pointed out that in cases where there is any discrepancy between the International Law and Indian Law; the Indian Law would prevail but if there is no contradiction to the International law then the International Law would prevail. While referring to the judgement in the His Holiness Kesavananda Bharati Sripadavalvaru v. State of Kerala (1973) 4 SCC 225, the Supreme Court stated that given Article 51 of the Constitution, the Court must interpret the language of the Constitution, if not intractable, in the light of United Nations Charter and the solemn declaration subscribed to it by India. Therefore, the Supreme Court recognised the International Conventions, including Yogyakarta principles as the governing law as for the time being.

The Supreme Court also held that any sort of discrimination with the Transgenders would be violative of the Articles 14, 15, 16 and ordered for the extension of every infrastructural facility to the transgenders and adequate steps for giving them due representation in public services. The court also recognised the right to choose and express the gender under Articles 19(1)(a) and 21 and added that the state cannot restrict one from expressing their personality and if it does so then it would violate Article 19 and 21. The court also held the biological test used for the identification as inappropriate and recommended the psychological test.


Document:


Courtesy/By: Sanyam Agarwal  |  01 Dec 2020     Views:140

News Updates

Delhi HC issues notice on petition challenging Ins...
18 Jan 2021     Views:47
Petition before the Supreme Court challenges All-I...
18 Jan 2021     Views:71
Person unable to find a surety can take benefit of...
18 Jan 2021     Views:45
Delhi High Court Stays Mohit Saraf's Termination F...
18 Jan 2021     Views:45
If The Parties Agrees To Admit To Talaq Without An...
18 Jan 2021     Views:43
Patients cannot be deprived of treatment due to ex...
18 Jan 2021     Views:64
Seventeen Sub Judges Appointed as District Judges ...
18 Jan 2021     Views:43
State of Gujarat liable to pay Rs.25,000 for its i...
17 Jan 2021     Views:47
A Person Can Be Discharged on Bail Under Sec. 445 ...
17 Jan 2021     Views:68
MP High Court Adjourns Hearing In Comedian Munawar...
17 Jan 2021     Views:53
Notice Issued By Delhi High Court To The Center In...
17 Jan 2021     Views:49
Calcutta High Court Issues Contempt Notice To The ...
17 Jan 2021     Views:169
Delhi High Court Allows Reopening of Spas, Wellnes...
17 Jan 2021     Views:41
WhatsApp messages to hold evidentiary value only u...
17 Jan 2021     Views:66
FIR Registered Against Over 10 People For Compromi...
17 Jan 2021     Views:59
Delhi HC hikes amount of compensation to parents o...
17 Jan 2021     Views:59
BSES-RPL liable for damages not on basis of proof ...
16 Jan 2021     Views:68
Reconsider decision to physical hearing: Letter to...
16 Jan 2021     Views:55
Disclosure of interest in the information sought u...
16 Jan 2021     Views:78
Stay Order Issued Against GST Notice Served on Adv...
16 Jan 2021     Views:62
Karnataka Government directed to reconsider circul...
15 Jan 2021     Views:57
Karnataka District Courts to resume normal functio...
15 Jan 2021     Views:49
Constitutional Rights is at Stake: Kerala HC on De...
15 Jan 2021     Views:51
Same gender sexual harassment cases maintainable u...
15 Jan 2021     Views:79
The Delhi High Court issues notice in petition reg...
15 Jan 2021     Views:66
The state is not ready to deal with the demographi...
15 Jan 2021     Views:64
Mandatory investigation of all custodial deaths: N...
15 Jan 2021     Views:60
Accused should be subjected to blood test or breat...
15 Jan 2021     Views:73
Order Terminating Arbitration Proceedings Under Se...
15 Jan 2021     Views:83
Allahabad High Court tells UP government to come u...
15 Jan 2021     Views:88
Cannot Maintain Writ Petition Against Purely Priva...
14 Jan 2021     Views:54
Plea seeking live streaming of open court proceedi...
14 Jan 2021     Views:40
Calcutta High Court : Have the power to set aside ...
14 Jan 2021     Views:58
11 Benches of the Delhi High Court to resume physi...
14 Jan 2021     Views:48
The prudent citizen should abide by the order of t...
14 Jan 2021     Views:45
Parking facilities in malls liable to pay service ...
14 Jan 2021     Views:112
Madras High Court indicates close nexus between ri...
14 Jan 2021     Views:62
SEBI Boycotts Anchor Hemant Gahi, His Wife And His...
14 Jan 2021     Views:141
Supreme Court registers Suo moto case on “Remed...
14 Jan 2021     Views:246
Mandatory publication of notice inviting objection...
14 Jan 2021     Views:59
Directions issued towards timely service of notic...
13 Jan 2021     Views:50
Delhi HC allows termination of pregnancy after 20 ...
13 Jan 2021     Views:44
Andhra Pradesh High Court Suspends Schedule For Lo...
13 Jan 2021     Views:50
Delhi High Court Upholds The Constitutionality Of...
13 Jan 2021     Views:46
Progress in Sonu Sood's Plea Against BMC Notice: B...
13 Jan 2021     Views:45
Supreme Court Dismisses The Plea Against The High ...
13 Jan 2021     Views:57
Central Government notifies establishment of Natio...
13 Jan 2021     Views:79
Criminal liability of non-political executives can...
13 Jan 2021     Views:55
Rs. 20,000 Costs Imposed on Defendant who Cited th...
13 Jan 2021     Views:58
Notice issued to centre by Karnataka HC on plea ch...
13 Jan 2021     Views:173
Supreme Court refuses to entertain special leave p...
13 Jan 2021     Views:62
Sexual harassment on digital platform constitutes ...
13 Jan 2021     Views:65
SC refuses to set aside conviction, life term of 7...
13 Jan 2021     Views:51
SC directs demolition of a hotel-cum-restaurant in...
12 Jan 2021     Views:58
Delhi HC quashes GST order to attach bank account ...
12 Jan 2021     Views:46
CBDT declines extension of due dates for filing re...
12 Jan 2021     Views:48
Calcutta High Court imposes cost on defendant for ...
12 Jan 2021     Views:52
The Counter Affidavit Filed In The Supreme Court B...
12 Jan 2021     Views:53
Allahabad High Court to Decide on Plea for Relaxat...
12 Jan 2021     Views:46
Stay on Kerala HC’s order of setting aside the a...
12 Jan 2021     Views:48
High Court arrest should be the last option and sh...
12 Jan 2021     Views:75
Delhi HC issues notice on plea seeking child marri...
12 Jan 2021     Views:57
India proposes a Pre-packaged Insolvency Resolutio...
12 Jan 2021     Views:83
NCLT allows Josco to reduce share capital structur...
12 Jan 2021     Views:67
Kerala High Court Unhappy With DOC's Enquiry Into ...
12 Jan 2021     Views:67
Supreme Court acquits accused on death row, deems ...
12 Jan 2021     Views:70
Non-payment of Stamp duty on commercial contract d...
12 Jan 2021     Views:74
Supreme Court to stay on implementation of Farm la...
12 Jan 2021     Views:60
Karkardooma Court denies bail to woman accused of ...
12 Jan 2021     Views:62
Right to have access to drinking water cannot be d...
12 Jan 2021     Views:136
Ordinance for Religious Conversions Passed by Madh...
11 Jan 2021     Views:63
Death row of Balwant Singh Rajoana will be decided...
11 Jan 2021     Views:54
There Should Be No Criminal Contempt - Justice Mad...
11 Jan 2021     Views:60
Supreme Court examines whether it is necessary to ...
11 Jan 2021     Views:59
Force Majeure Clause Allowed to Suspend Payments M...
11 Jan 2021     Views:67
Scope for Interpretation of Covid-19 Duty Insuranc...
11 Jan 2021     Views:61
Exercising PT Order to keep prisoners in detention...
11 Jan 2021     Views:64
Plea in Delhi HC seeking directions for exempting ...
11 Jan 2021     Views:130
The Madhya Pradesh Freedom of Religion Ordinance, ...
11 Jan 2021     Views:76
Sonu Sood Moves Bombay High Court Against BMC Noti...
10 Jan 2021     Views:71
Blocking of Public High Ways and Roads Caused by F...
10 Jan 2021     Views:48
Victims Of 1975 Emergency Move Supreme Court Seeki...
10 Jan 2021     Views:97
Trials delayed endlessly due to deliberate absence...
10 Jan 2021     Views:69
Review petitions against the Aadhar Project to be ...
10 Jan 2021     Views:67
Gujarat HC directs CBDT to take decision to extend...
10 Jan 2021     Views:78
Madras High Court permits conduct of Kanuparivetta...
10 Jan 2021     Views:92
Review petition filed in the Supreme Court against...
10 Jan 2021     Views:69
All the subordinate courts shall start functionin...
10 Jan 2021     Views:66
Arrest Only the Last Resort: Allahabad High Court...
10 Jan 2021     Views:93
A Division Bench of Justices K Vinod Chandran and ...
10 Jan 2021     Views:58
Patna High Court suspends Chief Judicial Magistrat...
10 Jan 2021     Views:111
Karnataka High Court strikes down rules of KMMCR a...
10 Jan 2021     Views:63
Bar Council of Delhi increases enrolment fee effec...
10 Jan 2021     Views:68
Tamil Nadu Government Withdraws January 4 GO: Iss...
09 Jan 2021     Views:60
Ebrahim Kunju Gets Bail from Kerala High Court in ...
09 Jan 2021     Views:57
Have not issued guidelines directing people to wea...
09 Jan 2021     Views:61
Bombay High Court shows concern over difficulty to...
09 Jan 2021     Views:70
Calcutta High Court to allow home imprisonment of ...
09 Jan 2021     Views:60
Amicable Settlement can be a factor for reducing t...
09 Jan 2021     Views:60
Bail Granted After Injuries Were Caused by Jail Au...
09 Jan 2021     Views:55
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Misusing Religion for Electoral Gains: PIL in SC for Action against Parties, Candidates
    On 31 May 2018    Views:11965
  • Bci Directs To Supply Of The Details Of Every Practising Advocate As Per The Format Required By The E-committee Of The Supreme Court Of India.
    On 01 Aug 2020    Views:11220
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:10503
  • Lalman Shukla v Gauri Dutt
    On 22 Jul 2020    Views:10067
  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:7758
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile
  • Demo My Legal Assistant
  • Demo My Legal Secretary

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Campus Ambassadors
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1122 ]
  • Legal Maxims

Connect

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.