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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 Article 21, affirming their right to self-identify gender and directing reservation in education/employment to address historical ______.
- privilege
- discrimination
- advantage
- neutrality
Answer: discrimination
Transgender rights and dignity: (a) NALSA (2014): Landmark judgment recognizing transgender persons as third gender under Articles 14, 15, 19, 21: (i) Right to self-identify gender without medical/surgical intervention, (ii) Directive Principles: Reservation in education/employment, separate facilities in public spaces, legal recognition of gender identity, (b) Constitutional basis: (i) Article 14: Equality before law; discrimination based on gender identity violates equality, (ii) Article 15: Prohibit discrimination on sex — interpreted to include gender identity, sexual orientation, (iii) Article 19: Freedom of expression includes right to express gender identity, (iv) Article 21: Dignity, autonomy, privacy require respect for gender identity, (c) Applications: (i) Transgender Persons Act, 2019: Operationalized NALSA directions with criticisms on certificate requirement, (ii) Reservation: Some States implemented reservation for transgender persons in education, employment, (iii) Institutional mechanisms: National/State Transgender Welfare Boards for policy, monitoring, (d) 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, (e) Illustrates transformative constitutionalism: Article 21 interpreted to protect gender identity, dignity; affirmative action addresses historical discrimination against transgender persons.