In National Legal Services Authority (NALSA) v. Union of India, (2014) 5 SCC 438, the Supreme Court held that:
Atransgender persons fall outside the constitutional protection of Part III of the Constitution
Btransgender persons may be recognised only after surgical intervention authorised by Government doctors
Ctransgender persons are entitled only to social welfare measures, not enforceable fundamental rights
Dtransgender persons constitute a 'third gender' with full constitutional rights under Articles 14, 15, 16, 19 and 21
Answer & Solution
Correct answer: D. transgender persons constitute a 'third gender' with full constitutional rights under Articles 14, 15, 16, 19 and 21
1. In NALSA v. Union of India (2014), the Supreme Court recognised transgender persons as a 'third gender' and held that they enjoy all fundamental rights under Articles 14, 15, 16, 19 and 21 of the Constitution.
2. The Court directed the Centre and States to grant legal recognition to gender identity based on self-determination, without insisting on medical or surgical intervention.
3. NALSA led to the Transgender Persons (Protection of Rights) Act, 2019.
4. Hence option A is correct.
_Source: Constitution of India (Bare Act, updated to 105th Amendment Act 2021), Govt. of India Legislative Dept., NALSA v. Union of India, (2014) 5 SCC 438_
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