Supreme Court order, the magna carta of TG community

Thiruvananthapuram: The Supreme had in 2014 ruled that each person's self-defined sexual orientation and gender identity are integral to their personality and form the most basic aspects of self-determination, dignity and freedom.

"No one shall be forced to undergo medical procedures, including sex reassignment surgery, sterilisation or hormonal therapy, as a requirement for legal recognition of their gender identity," the order said, allowing a long standing demand of the transgender community," a division bench of the court comprising Justice K.S. Radhakrishnan and Justice A.K Sikri, ruled, allowing a petition filed by representatives of the transgender community.

The court, expanding the scope of Article 21 of the Constitution which offers right to life, said, "Article 21, as already indicated, protects one's right of self- determination of the gender to which a person belongs. Determination of gender to which a person belongs is to be decided by the person concerned. In other words, gender identity is integral to the dignity of an individual and is at the core of "personal autonomy" and "self-determination"." 

Gender identity, therefore, refers to an individual's self-identification as a man, woman, transgender or other identified category, the court ruled. "No one shall be subjected to pressure to conceal, suppress or deny their sexual orientation or gender identity." 

The petitioners, who were members of the transgender community, sought a legal declaration of their gender identity than the one assigned to them, male or female, at the time of birth. They also wanted non-recognition of their gender identity should be declared as violative of Articles 14 and 21 of the Constitution.

Every person of that community has a legal right to decide their sex orientation and to espouse and determine their identity, they argued. The case was argued for the community by the National Legal Services Authority (NALSA) ad is being referred to as NALSA judgment.