JUDGEMENT
" We are, in this case, concerned with the grievances of the members of Transgender Communit !for short TG communit#$ who see% a &ega& dec&aration of their gender identit than the one assigned to them, ma&e or fema&e, at the time of birth and their 'raer is that non-recognition of their gender identity violates Articles 14 and 21 , as it denies them the right of equality before the law and equal protection of law guaranteed guaranteed under Article Article 14 of the Constitution Constitution and violates the rights guaranteed to them under Article 21 of the Constitution of India "
(earned senior counse& has submitted that since the TGs are neither treated as ma&e or fema&e, nor given the status of a third gender, the are being de'rived of man of the ) rights and 'rivi&eges which other 'ersons en*o as citi+ens of this countr TGs are de'rived of socia& and cu&tura& 'artici'ation and hence restricted access to education, hea&th care and 'ub&ic '&aces which de'rives them of the Constitutiona& guarantee of e-ua&it before &aw and e-ua& 'rotection of &aws .urther, it was a&so 'ointed out that the communit a&so faces discrimination to contest e&ection, right right to vote vote,, em'& em'&o ome ment nt,, to get get &ice &icence ncess etc etc and, and, in effe effect ct,, treat treated ed as an outc outcas astt and and untouchab&e (earned senior counse& a&so submitted that the /tate cannot discriminate them on the ground of gender, vio&ating 0rtic&es 1) to 12 and 31 of the Constitution of 4ndia
(earned counse& a&so submitted that the right to choose one#s gender identit is integra& to the right to &ead a &ife with dignit, which is undoubted& guaranteed b 0rtic&e 31 of the Constitution of 4ndia (earned counse&, therefore, submitted that, sub*ect to such ru&es5regu&ations5'rotoco&s, transgender 'ersons ma be afforded the right of choice to determine whether to o't for ma&e, fema&e or transgender c&assification
!he "reamble#s $%quality& aims and Articles 14, 1' and 1()
The 6reamb&e of the 4ndian Constitution estab&ishes the ob*ectives and goa&s of the 4ndian 'o&it 0mong these are to secure to a&& its citi+ens socia&, economic and 'o&itica& *ustice and &ibert of thought, e7'ression and be&ief8 e-ua&it of status and o''ortunit and to 'romote among them fraternit so as to secure their individua& dignit !6a& and 6a&, 391: at '1;$ The /u'reme Court has em'hasi+ed that the words
because of the socia& bac%wardness of certain sections of the communit>who had been &oo%ed down u'on in the 'ast= !/awhne , 1??:, at ' :, :?1$ 0rtic&e 1), the guarantee of the fundamenta& right to e-ua&it, grants e-ua& 'rotection of the &aws to each <'erson= 4t is an essentia& feature of 4ndian Constitutiona&ism and a basic idea of the <@u&e of (aw= as 'ro'ounded b 0A Dice, that everone is e-ua& before the &aw!6a& and 6a&, 391: at '?$ Thus the under&ing ob*ect of 0rt1) is to secure to a&& 'ersons, the e-ua&it of status and o''ortunit referred to in the 6reamb&e of our Constitution!Natura& @esources 0&&ocation, 3913 at ' ?)$ This as'ect of nonBdiscriminat nonBdiscriminative ive e-ua&it of status status and o''ortunit, o''ortunit, to a&& <'ersons=, <'ersons=, irres'ective of their gender was e7'ress& &aid down b the a'e7 court in N0(/0 thus< 0rtic&e 1) does does not not rest restri rict ct the the word word 'ers 'erson on## and and its a''& a''&iicat cation on& on& to ma&e a&e or fema& ema&e e i*ras5transgender 'ersons who are neither ma&e5fema&e fa&& within the e7'ression 'erson# and, hence, entit&ed to &ega& 'rotection of &aws in a&& s'heres of /tate activit, inc&uding em'&oment, hea&thcare, education as we&& as e-ua& civi& and citi+enshi' rights, as en*oed b an other citi+en of this countr= !N0(/0, 391) at ' )$ 4t was further c&arified, based on the conc&usions in the E7'ert E7'ert Committ Committee ee @e'ort @e'ort,, that that
fema&e =
The “right to life with dignity” for trans-genders– Article 21 expansion
4t is now an estab&ished 'ro'osition that 0rt31, which
