NALSA v. UoI: The Supreme Court on transsexuals, and the future of Koushal v. Naz

How the NALSA vs Union of India judgement affects the previous Koushal vs Naz judgement.

Indian Constitutional Law and Philosophy

Today, in NALSA v. UoIthe Supreme Court issued a landmark ruling recognising transsexuals as a third gender, and upholding their rights to equality (Article 14), non-discrimination (Article 15), expression (Article 19(1)(a) and autonomy (Article 21). The judgment involves a wide-ranging discussion of international law and domestic legislation in other countries, engages reams of evidence of actual discrimination against transsexuals in Indian society, and discusses the idea of human rights. It also, as I shall argue, entirely destroys the foundation of Koushal v. Naz, last December’s decision on LGBT rights.

In Paragraph 11 of the case, Justice Radhakrishnan defines “transgender” as an “umbrella term for persons whose gender identity, gender expression or behavior does not conform to their biological sex.” After a brief historical excursion into the history of the transgender community in India, he observes, in Paragraph 17, that S. 377 was brought in at at time…

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India to Recognize Trans* as a Third Gender Category

http://barandbench.com/content/212/transgenders-third-gender#.U0zqLtwRZg1

Acknowledging that the Constitution of India guarantees fundamental rights to its citizens and that these rights apply irrespective of gender identity, the Supreme Court of India held that Trans* individuals be recognized as a third gender in all areas where Gender identity matters.

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Transgenders against IPC section 377; stage protest

Transgenders against IPC section 377; stage protest.

Demanding cancellation of IPC Section 377, members of Karnataka Sexual Minorities Forum, along with their supporters, staged a protest demonstration in Chamarajanagar, on Tuesday.

New Delhi issues Adhaar card to 1,600 trans-persons

According to officials at the regional office of the Unique Identification Authority of India, Delhi, the category of ‘transgender’ has been present since the beginning of the project. While a number of transgenders have enrolled themselves, unique numbers for 1,600 have been generated and they have also got their UID cards. 

“Based on the vision for a completely inclusive system and guided by the target of giving an Aadhar card to every resident of Delhi, the category of transgender has been there since the beginning. This is probably the first time that an identity card has recognised them as a transgender,” said Sujata Chaturvedi, deputy director general, regional Delhi office of the UIDAI.

The Adhaar Card system introduced by the Unique Identification Authority of India is an identity card system on the lines of the United States’ Social Security Card. A lot of services provided by the government will be linked to the Adhaar Card.

Complete article here.