Sonika Bisht & Kamal Singh Bisht, BBA LLB (H), Law College Dehradun, Uttaranchal University
IDENTIFICATION OF PARTIES
Petitioner: National Legal Services Authority, Poojya Mata Nasib Kaur Ji Women Welfare Society Laxmi Narayan Tripathy
Respondent: Union of India & Others
Date of Judgement: 15th April 2014
Bench: S. Panicker Radhakrishnan and A K Sikri, JJ
SUMMARY OF FACTS
In this, two writ petitions were filed for protection of rights and identity of the transgender community, which were federated by the Apex Court. One writ petition was filed by NALSA constituted under the Legal Services Authority Act, 1997. 1The other writ petition was filed by Poojya Mata Nasib Kaur Ji Women Welfare Society, a registered association seeking similar solace in respect of Kinnar community.
Laxmi Narayan Tripathy asserted to ba a Hijra, and also pleaded that by representing the people of the transgender community and his life sufferings for the recognition of their gender identity as a ‘third gender’. Tripathy pleaded before the Court that when they are denied as a third gender, then it deprives them of their legal right to choose and practice their sexual orientation. It violates their rights guaranteed under Article 14 that is right to equality and equal protection of law and also violates the right to live with dignity under Article 21 of the Constitution.
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