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In National Legal Services Authority (NALSA) v. Union of India (2014), the Supreme Court recognized transgender persons as a third gender under Articles 14, 15, 19, 21, and affirmed their right to self-identify their gender without medical/surgical intervention.
- True
- False
Answer: True
NALSA (2014) transgender rights: (a) Context: Petition seeking legal recognition, rights protection for transgender persons facing discrimination, violence, exclusion, (b) Supreme Court holding: (i) Recognized transgender persons as 'third gender' under Articles 14, 15, 19, 21, (ii) Affirmed right to self-identify gender without medical/surgical intervention, (iii) Directed: (a) Reservation in education/employment, (b) Separate facilities in public spaces, (c) Legal recognition of gender identity, (c) Applications: (i) Led to Transgender Persons (Protection of Rights) Act, 2019 (with criticisms on certificate requirement), (ii) Foundation for gender justice jurisprudence: Navtej Singh Johar (LGBTQ+ rights), Shayara Bano (gender justice in personal law), (iii) Institutional mechanisms: National/State Transgender Welfare Boards for policy, monitoring, (d) Rationale: (i) Dignity: Gender identity intrinsic to personality; discrimination violates dignity, autonomy, privacy under Article 21, (ii) Equality: Discrimination based on gender identity violates Articles 14 (arbitrary classification), 15 (discrimination based on sex — interpreted to include gender identity), (iii) Liberty: Right to express gender identity protected under Article 19(1)(a), (e) Challenges: (i) Implementation: Awareness, capacity for inclusive policies, grievance redressal, (ii) Social acceptance: Legal recognition requires accompanying social education, community engagement, (iii) Intersectionality: Transgender persons face compounded discrimination (caste, class, disability); policies need intersectional approach, (f) Illustrates transformative constitutionalism: Article 21 interpreted to protect gender identity, dignity; affirmative action addresses historical discrimination against transgender persons.