Site navigation

In which of the following cases has the Supreme Court ruled that members of the Transgender Community…

In National Legal Services Authority v. Union of India (2014) the Supreme Court declared that transgender persons are to be treated as a "third gender" for safeguarding…

Choose your answer

In which of the following cases has the Supreme Court ruled that members of the Transgender Community who are neither male nor female at the time of birth are recognized as “Third Gender” for the purpose of safeguarding and enforcing appropriately their fundamental and other legal, social and economic rights guaranteed under the Constitution?

Select one answer
Answer and explanation

Correct answer C

In National Legal Services Authority v. Union of India (2014) the Supreme Court declared that transgender persons are to be treated as a "third gender" for safeguarding their rights under Part III of the Constitution, and upheld their right to decide their self-identified gender under Articles 14, 15, 19 and 21.

Neither Lily Thomas (2013) nor Rambilas Singh (1989) made any such declaration.

Current law: The later Transgender Persons (Protection of Rights) Act, 2019 created a statutory framework. Act 3 of 2026, effective 25 May 2026, replaced its section 2(k) definition, expressly excluding different sexual orientations and self-perceived sexual identities from that statutory definition, and omitted section 4(2)'s statutory right to self-perceived gender identity. These are changes to the statute; NALSA's constitutional holding must be distinguished from the amended statutory regime rather than described as automatically overturned by it.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic