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Revisiting The Judgement Of NALSA V. Union Of India: A Case Analysis




Ishrita Tanvi, Symbiosis Law School, Noida


ABSTRACT


This paper revisits the landmark case of National Legal Services Authority (NALSA) v. Union of India, decided by the division bench of the Supreme Court comprising K.S. Radhakrishnan & A.K. Sikri on April 15, 2014. This judgment was progressive in many ways as it recognised the transgender community as the ‘third gender’ and became the first judgment to recognise and uphold the right of transgender persons in India, after years of discrimination and ostracization faced by them. This paper analyses this judgment more than a decade after it was decided, with a critical analysis of the post-NALSA era and by looking at various judgments and acts that came after it, as well as the real-life experiences of the transgender community after the pronouncement of this landmark judgment.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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