Transgender community

Story hook

It is 15 April 2014. In the Supreme Court of India, a two-judge bench of Justices K.S. Radhakrishnan + A.K. Sikri delivers a judgment that runs to 120 pages + 130 paragraphs of extraordinary moral force. The case is National Legal Services Authority (NALSA) v. Union of India — filed in 2012 by NALSA on behalf of the transgender community (hijras, kinnars, kothis, aravanis, jogtas, shiv-shakthis, double-deckers, and self- identifying transmen + transwomen), historically India's most marginalised group.

The court rules:

"Recognition of one's gender identity lies at the heart of the fundamental right to dignity. Gender, as already indicated, refers to an individual's self-image, the deep psychological or emotional sense of sexual identity + character."

It holds:

1. Transgender persons are a "third gender" for purposes of all laws.
2. The right to self-identification of gender is part of Article 21 dignity.
3. Transgender persons are to be treated as a socially + educationally backward class entitled to OBC reservation.
4. Article 14 (equality) + Article 15 (non-discrimination) + Article 16 (equality of opportunity) + Article 19 (freedom of expression) all extend to transgender persons.

The judgment cites Yogyakarta Principles 2007; references Hijra-Aravani-Kothi cultural traditions including Ardhanarishvara

• Mughal-era court positions; and orders the state to set up welfare boards + scholarships + HIV programmes.

Five years later (5 December 2019), Parliament enacts the Transgender Persons (Protection of Rights) Act 2019 — but controversially weakens NALSA's "self-identification" by requiring District Magistrate certification. The community protests; litigation continues. In 2024, the SC permitted non-binary identity beyond the M/F/T trinary in passports + government forms. This file maps the trajectory.

Why this matters for UPSC

Mains GS-I — asked 2017 "How does patriarchy impact the position of a middle class working woman in India?" + indirectly recurrent under women's empowerment + gender. GS-II asked 2019 on rights of socially marginalised groups. 2021 on NALSA-type judicial interventions in social rights.

Prelims has tested:

• NALSA case (Year + bench + holdings).
• 2019 Act + 2020 Rules.
• TG % in Census 2011 (~4.88 lakh).
• National Council for Transgender Persons (composition).
• Navtej Singh Johar 2018 (Section 377 reading).
• Supriyo Chakraborty 2023 (marriage equality).
• SMILE Scheme (Support for Marginalised Individuals for Livelihood + Enterprise) 2022.

Interview: NALSA self-identification vs 2019 Act certification debate; SC role in social rights; intersection with marriage equality; Hijra cultural heritage.