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In NALSA v. Union of India (2014), the Supreme Court recognized that transgender persons face compounded discrimination based on gender identity, caste, class, and directed intersectional approach in policies for transgender welfare, including reservation in education/employment.
- True
- False
Answer: True
NALSA (2014) intersectionality and 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 intersectional approach: Recognized that transgender persons face compounded discrimination based on gender identity, caste, class, disability; policies must address layered inequalities, (iv) Directed: (a) Reservation in education/employment for transgender persons, (b) Separate facilities in public spaces, (c) Legal recognition of 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, intersectional approach, (d) Subsequent developments: (i) Intersectional policies: Growing recognition that policies must address compounded disadvantage (e.g., Dalit transgender women face caste + gender + gender identity discrimination), (ii) Data collection: Efforts to collect disaggregated data on transgender persons by caste, class, disability to inform targeted policies, (e) Rationale: (i) Substantive equality: Formal equality insufficient; must address structural, intersectional inequalities affecting transgender persons, (ii) Dignity: Gender identity intrinsic to personality; discrimination violates dignity, autonomy, privacy under Article 21, (iii) Social justice: Affirmative action addresses historical discrimination, exclusion of transgender persons, (f) Illustrates transformative constitutionalism: Article 21 interpreted to protect gender identity, dignity; intersectional approach ensures policies address layered inequalities; affirmative action enables substantive equality for transgender persons.