NATIONAL LEGAL SERVICES AUTHORITY Vs. UNION OF INDIA
LAWS(SC)-2014-4-37
SUPREME COURT OF INDIA
Decided on April 15,2014

National Legal Services Authority Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

MIRZA ALI AKBAR KASHANI V. UNITED ARAB REPUBLIC [REFERRED TO]
HOPE V. BATHURST CITY COUNCIL [REFERRED TO]
LOCKHART,J. IN SECRETARY,DEPARTMENT OF SOCIAL SECURITY V. ''SRA '' [REFERRED TO]
A .B. V. WESTERN AUSTRALIA [REFERRED TO]
KUALA LUMPUR IN RE JG,JG V. PENGARAH JABATAN PENDAFTARAN NEGARA [REFERRED TO]
COLLECTOR OF CUSTOMS V. POZZOLANIC ENTERPRISES PTY. LTD. [REFERRED TO]
V O TRAGTOROEXPORT MOSCOW VS. TARAPORE AND COMPANY [REFERRED TO]
HIS HOLINESS KESAVANANDA BHARATI SRIPADAGALVARU SHRI RAGHUNATH RAO GANPAT RAO N H NAWAB MOHAMMAD IFTIKHAR ALI KHAN SHETHIA MINING AND MANUFACTURING CORPORATION LIMITED THE ORIENTAL GOAL GO LIMITED VS. STATE OF KERALA:UNION OF INDIA [REFERRED TO]
STATE OF KARNATAKA VS. RANGANATHA REDDY [REFERRED TO]
JOLLY GEORGE VARGHESE VS. BANK OF COCHIN [REFERRED TO]
FRANCIS CORALIE MULLIN VS. ADMINISTRATOR UNION TERRITORY OF DELHI [REFERRED TO]
SHER SINGH VS. STATE OF PUNJAB [REFERRED TO]
BANDHUA MUKTI MORCHA VS. UNION OF INDIA [REFERRED TO]
GRAMOPHONE COMPANY OF INDIA LIMITED VS. BIRENDRA BAHADUR PANDEY [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. UMED RAM SHARMA [REFERRED TO]
SHEELA BARSE 1 VS. UNION OF INDIA [REFERRED TO]
RAGHUBIR SINGH SIMRANJIT SINGH MANN VS. STATE OF BIHAR [REFERRED TO]
KALI DASS VS. GOVERNMENT OF J AND K [REFERRED TO]
VINCENT PANIKURLANGARA VS. UNION OF INDIA [REFERRED TO]
M C MEHTA VS. UNION OF INDIA [REFERRED TO]
VIKRAM DEO SINGH TOMAR VS. STATE OF BIHAR [REFERRED TO]
KEHAR SINGHTS VS. STATE DELHI ADMINISTRATION [REFERRED TO]
AELTEMESH REIN VS. UNION OF INDIA [REFERRED TO]
RELIANCE PETROCHEMICALS LIMITED VS. PROPRIETORS OF INDIAN EXPRESS NEWS PAPERS BOMBAY PRIVATE LIMITED [REFERRED TO]
RAMSHARAN AUTYANUPRASI VS. UNION OF INDIA [REFERRED TO]
KISHEN PATTNAYAK INDIAN PEOPLES FRONT VS. STATE OF ORISSA [REFERRED TO]
PARMANAND KATARA VS. UNION OF INDIA [REFERRED TO]
SHANTISTAR BUILDERS VS. NARAYAN KHIMALAL TOTAME [REFERRED TO]
SUBHASH KUMAR VS. STATE OF BIHAR [REFERRED TO]
MOHINI JAIN VS. STATE OF KARNATAKA [REFERRED TO]
UNNI KRISHNAN J P VS. STATE OF ANDHRA PRADESH [REFERRED TO]
BUFFALO TRADERS WELFARE ASSOCIATION VS. MANEKA GANDHI [REFERRED TO]
NATIONAL HUMAN RIGHTS COMMISSION VS. STATE OF ARUNACHAL PRADESH [REFERRED TO]
VISHAKA VS. STATE OF RAJASTHAN [REFERRED TO]
APPAREL EXPORT PROMOTION COUNCIL VS. A K CHOPRA [REFERRED TO]
GITHA HARIHARAN DRVANDANA SHIVA VS. RESERVE BANK OF INDIA:JAYANTABANDHOPADHYAYA [REFERRED TO]
PEOPLES UNION FOR CIVIL LIBERTIES VS. UNION OF INDIA [REFERRED TO]
R D UPADHYAY VS. STATE OF A P [REFERRED TO]
ANUJ GARG VS. HOTEL ASSOCIATION OF INDIA [REFERRED TO]
SURESH KUMAR KOUSHAL VS. NAZ FOUNDATION [REFERRED TO]



Cited Judgements :-

ARUNKUMAR AND ORS. VS. THE INSPECTOR GENERAL OF REGISTRATION AND ORS. [LAWS(MAD)-2019-4-143] [REFERRED TO]
KABEER C ALIAS ANEERA KABEER VS. STATE OF KERALA [LAWS(KER)-2020-6-104] [REFERRED TO]
RAM SINGH VS. UNION OF INDIA [LAWS(SC)-2015-3-29] [REFERRED TO]
SHAILESH KUMAR @ SHALESH KUMAR, SON OF SHALIGRAM MAHTO, RESIDENT OF VILLAGE DHARNEI, PO. BERKA, POLICE STATION MAKHDUMPUR, DISTRICT JEHANABAD VS. THE STATE OF BIHAR [LAWS(PAT)-2017-1-51] [REFERRED TO]
P.SUDHA VS. SECRETARY [LAWS(MAD)-2022-6-177] [REFERRED TO]
SCOTCH WHISKY ASSOCIATION VS. J.K. ENTERPRISES [LAWS(MPH)-2023-12-104] [REFERRED TO]
COURT ON ITS OWN MOTION VS. STATE OF H.P. [LAWS(HPH)-2018-8-127] [REFERRED TO]
T.L.SWAMY VS. M.SHANMUGUM [LAWS(KAR)-2023-3-603] [REFERRED TO]
ANAMIKA VS. STATE OF KERALA [LAWS(KER)-2022-7-349] [REFERRED TO]
T THANUSU VS. SECRETARY TO GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2014-7-137] [REFERRED TO]
RANI PAUL VS. KERALA STATE ROAD TRANSPORT CORPORATION AND ORS. [LAWS(KER)-2015-1-64] [REFERRED TO]
VIJAY MADANLAL CHOUDHARY VS. UNION OF INDIA [LAWS(SC)-2022-7-97] [REFERRED TO]
ANMOL DEEP VS. STATE OF U.P. AND 3 OTHERS [LAWS(ALL)-2018-8-239] [REFERRED TO]
SWATI BIDHAN BARUAH VS. STATE OF ASSAM [LAWS(GAU)-2023-9-13] [REFERRED TO]
SHIVANYA PANDEY VS. STATE OF U.P. [LAWS(ALL)-2021-11-42] [REFERRED TO]
RAM VILAS VS. STATE OF U.P. [LAWS(ALL)-2022-4-116] [REFERRED TO]
SHAIKH ZAHID MUKHTAR VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2016-5-54] [REFERRED TO]
SHIVANI BHAT VS. STATE OF NCT OF DELHI AND ORS. [LAWS(DLH)-2015-10-7] [REFERRED TO]
HOME SECRETARY ST. GEORGE FORT VS. G.SUGUMARAN [LAWS(MAD)-2019-9-79] [REFERRED TO]
M. K. RANJITSINH VS. UNION OF INDIA [LAWS(SC)-2024-3-95] [REFERRED TO]
BHARATHI KANNAMMA VS. GOVERNMENT OF INDIA AND ORS. [LAWS(MAD)-2015-2-474] [REFERRED TO]
INDIAN YOUNG LAWYERS ASSOCIATION & ORS. VS. STATE OF KERALA & ORS. [LAWS(SC)-2017-10-21] [REFERRED TO]
JUSTICE K. S. PUTTASWAMY (RETD) VS. UNION OF INDIA [LAWS(SC)-2018-9-108] [REFERRED TO]
NTPC LTD VS. STATE OF ODISHA [LAWS(ORI)-2023-4-148] [REFERRED TO]
KM. THOKCHOM PREMLATA DEVI VS. STATE OF MANIPUR [LAWS(MANIP)-2019-8-54] [REFERRED TO]
SWEETY VS. GENERAL PUBLIC [LAWS(HPH)-2016-6-159] [REFERRED TO]
PODILI SIVA MURALI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-10-3] [REFERRED TO]
MAMNI PRADHAN VS. SOUTH EASTERN COALFIELDS LIMITED [LAWS(CHH)-2022-1-76] [REFERRED TO]
RIT FOUNDATION VS. UNION OF INDIA [LAWS(DLH)-2022-5-366] [REFERRED TO]
X VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-5-87] [REFERRED TO]
JANE KAUSHIK VS. LIEUTENANT GOVERNOR, NCT OF DELHI [LAWS(DLH)-2023-1-126] [REFERRED TO]
X VS. THE DEAN [LAWS(BOM)-2023-4-124] [REFERRED TO]
SUHAIL RASHID BHAT VS. STATE OF JAMMU & KASHMIR [LAWS(J&K)-2019-10-24] [REFERRED TO]
JANHIT ABHIYAN VS. UNION OF INDIA [LAWS(SC)-2022-11-25] [REFERRED TO]
SK NAUSAD RAHAMAN VS. UNION OF INDIA [LAWS(SC)-2022-3-29] [REFERRED TO]
JOSEPH SHINE VS. UNION OF INDIA [LAWS(SC)-2018-9-116] [REFERRED TO]
JUSTICE K.S. PUTTASWAMY (READ.) VS. UNION OF INDIA & ORS. [LAWS(SC)-2017-8-94] [REFERRED TO]
S. SUSHMA VS. COMMISSIONER OF POLICE, GREATER CHENNAI POLICE [LAWS(MAD)-2021-6-5] [REFERRED TO]
RAKSHIKA RAJ VS. STATE OF TAMIL NADU [LAWS(MAD)-2024-4-112] [REFERRED TO]
FAHEEMA SHIRIN.R.K VS. STATE OF KERALA [LAWS(KER)-2019-9-95] [REFERRED TO]
COMMON CAUSE (A REGD. SOCIETY) VS. UNION OF INDIA AND ANOTHER [LAWS(SC)-2018-3-68] [REFERRED TO]
NAVTEJ SINGH JOHAR VS. UNION OF INDIA THR SECRETARY MINISTRY OF LAW AND JUSTICE [LAWS(SC)-2018-9-22] [REFERRED TO]
KAUSHAL KISHOR VS. STATE OF UTTAR PRADESH [LAWS(SC)-2023-1-8] [REFERRED TO]
JACOB PULIYEL VS. UNION OF INDIA [LAWS(SC)-2022-5-5] [REFERRED TO]
NATIONAL CADET CORPS VS. HINA HANEEFA [LAWS(KER)-2024-2-230] [REFERRED TO]
ANJALI GURU SANJANA JAAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-1-26] [REFERRED TO]
SATYAM RAI VS. BANARAS HINDU UNIVERSITY [LAWS(ALL)-2019-12-2] [REFERRED TO]
VIMLA SRIVASTAVA AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-12-60] [REFERRED TO]
ASHA PANDEY AND ORS. VS. COAL INDIA LTD. AND ORS. [LAWS(CHH)-2016-3-7] [REFERRED TO]
KANTARO KONDAGARI VS. STATE OF ODISHA [LAWS(ORI)-2022-5-106] [REFERRED TO]
HANS RAJ CHAUHAN VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2014-12-28] [REFERRED TO]
PARIDHI PRISHA SAIKIA VS. STATE OF ASSAM [LAWS(GAU)-2022-3-146] [REFERRED TO]
TESSY JAMES VS. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTER [LAWS(KER)-2018-6-77] [REFERRED TO]
GANGA KUMARI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2022-2-13] [REFERRED TO]
SUPRIYO @ SUPRIYA CHAKRABORTY VS. UNION OF INDIA [LAWS(SC)-2023-10-63] [REFERRED TO]
G NAGALAKSHMI VS. DIRECTOR GENERAL OF POLICE STATE OF TAMIL NADU [LAWS(MAD)-2014-6-345] [REFERRED TO]
SHABNAM VS. UNION OF INDIA (UOI) AND ORS. [LAWS(SC)-2015-5-78] [REFERRED TO]
ISHA TYAGI VS. STATE OF UP [LAWS(ALL)-2014-8-222] [REFERRED TO]
CHANDRANI SINHA, D/O LATE SHRI UTTAM SINGH SINHA VS. CHHATTISGARH STATE ELECTRICITY HOLDING COMPANY LIMITED, DAGANIYA, RAIPUR (C.G.) [LAWS(CHH)-2016-9-72] [REFERRED TO]
DAYARAM KHEMKARAN VERMA S/O KHEMKARAN VERMA VS. STATE OF GUJARAT [LAWS(GJH)-2016-8-48] [REFERRED TO]
MATAM GANGABHAVANI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2022-1-52] [REFERRED TO]
AJAY SINGH VS. UNION OF INDIA [LAWS(ALL)-2019-12-247] [REFERRED TO]
PRADEEP KUMAR GUPTA VS. STATE OF U. P. [LAWS(ALL)-2022-8-172] [REFERRED TO]
ARIF USMAN KAPADIA AND ORS. VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-4-156] [REFERRED TO]
LT. COL. NITISHA VS. UNION OF INDIA [LAWS(SC)-2021-3-75] [REFERRED TO]
SANKAR VISWANATHAN VS. STATE OF KARNATAKA [LAWS(KAR)-2023-3-211] [REFERRED TO]
BEVIN BASUMATARY VS. COTTON UNIVERSITY [LAWS(GAU)-2022-4-76] [REFERRED TO]
SIVAKUMAR T.D. VS. STATE OF TAMIL NADU [LAWS(MAD)-2024-4-75] [REFERRED TO]
GANESH DAS VS. RABIUL SK [LAWS(CAL)-2021-4-14] [REFERRED TO]
LALIT KUMAR SALVE VS. DIRECTOR GENERAL OF POLICE [LAWS(BOM)-2017-11-397] [REFERRED TO]
NANGAI – III VS. SECRETARY TO GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2014-7-3] [REFERRED TO]
JIGYA YADAV (MINOR) (THROUGH GUARDIAN/FATHER HARI SINGH VS. C.B.S.E. (CENTRAL BOARD OF SECONDARY EDUCATION) [LAWS(SC)-2021-6-2] [REFERRED TO]
INDIAN YOUNG LAWYERS ASSOCIATION & ORS VS. STATE OF KERALA & ORS [LAWS(SC)-2018-9-118] [REFERRED TO]
BINOY VISWAM VS. UNION OF INDIA AND OTHERS [LAWS(SC)-2017-6-6] [REFERRED TO]
SMT. RESHAM, D/O K. FARUK VS. STATE OF KARNATAKA [LAWS(KAR)-2022-3-1] [REFERRED TO]
SARATHA VS. MEMBER SECRETARY [LAWS(MAD)-2022-3-1] [REFERRED TO]
AMIT KUMAR AGARWAL VS. UNION OF INDIA [LAWS(PAT)-2021-11-74] [REFERRED TO]
VEERA YADA VS. CHIEF SECRETARY, GOVERNMENT OF BIHAR [LAWS(PAT)-2022-8-68] [REFERRED TO]
SADHNA BAI VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2016-1-6] [REFERRED TO]
SHIVAM DEWANGAN VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-4-19] [REFERRED TO]
VINAY KUMARI VS. STATE OF U. P. [LAWS(ALL)-2021-1-78] [REFERRED TO]
M. SUMAN VS. KARNATAKA STATE SERVICES COMMISSION [LAWS(KAR)-2020-7-157] [REFERRED TO]
QUEERALA VS. STATE OF KERALA [LAWS(KER)-2018-7-252] [REFERRED TO]
MINI VS. LIFE INSURANCE CORPORATION OF INDIA [LAWS(KER)-2017-12-49] [REFERRED TO]
MINI K T VS. SENIOR DIVISIONAL MANAGER (DISCIPLINARY AUTHORITY) [LAWS(KER)-2017-12-144] [REFERRED TO]
AISHAT SHIFA VS. STATE OF KARNATAKA [LAWS(SC)-2022-10-14] [REFERRED TO]
NAVTEJ SINGH JOHAR VS. UNION OF INDIA MINISTRY OF LAW AND JUSTICE SECRETARY [LAWS(SC)-2018-1-7] [REFERRED TO]
K. PRITHIKA YASHINI (TRANSGENDER) VS. CHAIRMAN, TAMIL NADU UNIFORMED SERVICES RECRUITMENT BOARD [LAWS(MAD)-2015-11-140] [REFERRED TO]
VEDANTA LIMITED VS. STATE OF TAMIL NADU [LAWS(MAD)-2020-8-312] [REFERRED TO]
HINA HANEEFA VS. STATE OF KERALA [LAWS(KER)-2021-3-212] [REFERRED TO]
GANGA KUMARI D/O BHIKHA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-11-80] [REFERRED TO]


JUDGEMENT

- (1.)Seldom, our society realizes or cares to realize the trauma, agony and pain which the members of Transgender community undergo, nor appreciates the innate feelings of the members of the Transgender community, especially of those whose mind and body disown their biological sex. Our society often ridicules and abuses the Transgender community and in public places like railway stations, bus stands, schools, workplaces, malls, theatres, hospitals, they are sidelined and treated as untouchables, forgetting the fact that the moral failure lies in the society's unwillingness to contain or embrace different gender identities and expressions, a mindset which we have to change.
(2.)We are, in this case, concerned with the grievances of the members of Transgender Community (for short 'TG community') who seek a legal declaration of their gender identity than the one assigned to them, male or female, at the time of birth and their prayer is that non-recognition of their gender identity violates Articles 14 and 21 of the Constitution of India. Hijras/Eunuchs, who also fall in that group, claim legal status as a third gender with all legal and constitutional protection.
(3.)The National Legal Services Authority, constituted under the Legal Services Authority Act, 1997, to provide free legal services to the weaker and other marginalized sections of the society, has come forward to advocate their cause, by filing Writ Petition No. 400 of 2012. Poojaya Mata Nasib Kaur Ji Women Welfare Society, a registered association, has also preferred Writ Petition No. 604 of 2013, seeking similar reliefs in respect of Kinnar community, a TG community.


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