Definition[ edit ] According to the American Bar AssociationCommission on Public Understanding, legal awareness is, "the ability to make critical judgments about the substance of the law, the legal process, and available legal resources and to effectively utilize the legal system and articulate strategies to improve it is legal literacy". This approach was adopted by the legal scholar White who considered legal literacy to mean, "that degree of competence in legal discourse required for meaningful and active life in our increasingly legalistic and litigious culture ".
Procedural Background The judgment was delivered in pursuance of a Public Interest Litigation filed by the National Legal Services Authority NALSA seeking to address the grievance of the Transgender Community, for short TG community, and praying for a legal declaration of their gender identity other than the binary gender, i.
The non-recognition and non-acceptance from the society, which shuns the TG community, causes this community to be side-lined and makes them untouchables.
The non-recognition of their sexual Case analysis nlsa v gender identity is a violation of their various Fundamental and Human Rights, which are protected by the Constitution of India and other international Human Rights documents. Facts of the Case Looking back into the history of the country, it can be seen that the Transgender Community was accorded a special and important status.
The Hindu mythology, Vedic and Puranic literatures recognised them as the third gender and bestowed them great respect. They played an important role in the royal courts and were considered to have the power to give blessings. This status of the TG community changed after the advent of the British rule in India and the Colonialists treated them in an inhuman manner.
As a direct consequence of the Criminal Tribes Act,there was an attrition of the status of the TG community as the legislation deemed the entire community as innately criminal. There is a need for affirmative action for the upliftment of the community and for the improvement of their social status.
The atrocities faced by TG community, from the citizens as well as the state authorities, in turn, is a violation of their many fundamental rights including those under Articles 14 and 21 of the Constitution.
Reasoning The main issue in the writ petition was the recognition of gender identities as perceived by the Transgender Community. The judges took into consideration the international legal scenario and the recognition of the rights of the transgender community by international human rights documents as well as human rights courts.
The right to equality and equal treatment of persons is a right recognised by Article 14 of the Constitution. Article 15 provides for affirmative action for the advancement of minority and backward communities. The TGs have been for long denied their rights under Article 15 2.
They are shunned from many public places including educational institutions, health care institutes, etc. These rights are not subject to any disability, liability, restriction or condition. Moreover, under Article 15 4 they must be accorded a status of socially and educationally backward class.
Additionally, they are also entitled to reservation in the matter of appointment in public and state offices. One of the most important fundamental rights that is denied to the TG community is their right under Article 19 1 a.
Article 19 1 a guarantees to citizens the freedom of speech and expression. This expression may be done through dress, words, action or behaviour or any other manner. Article 21 is one of the most extensive fundamental rights provided by the Constitution.
More and more rights have been read into the said right to life and personal liberty. Life does not mean mere animal existence.
It is the right to live with human dignity. Expression of oneself according to his self-recognised gender is an aspect of personal autonomy protected under Article It is a positive right of persons to make decisions about their life, to express themselves in the way they choose and also to do what activities that they choose to do.
The judges laid down the Psychological Test as against the Biological Test to identify the gender of a person. The judges also took into consideration the various human rights provided under the Universal Declaration of Human Rights, the International Covenant of Civil and Political Rights, the Yogyakarta Principles, etc.
Moreover, the plethora of judgments and legislations in foreign countries recognising the right of the TG community and the acceptance of a special social status in the world convinced the judges that it was high time that India also comes up with progressive measure for the protection of this vulnerable community.
Judgments and Dispositions The judgment relied upon many foreign decisions laid down by many courts including the English courts, courts of New Zealand, Australia, Pakistan, Malaysia, etc. The judgment provides a timeline of cases and the evolution of the recognition of persons according to the psyche.
The courts of Australia and New Zealand was in opposition to the Corbett principle and had more liberal principles for gender determination.
Later, the test was to see whether the person has undergone surgical and medical procedures that have given the person the physical appearance and features of a person of a specified sex. They opined that guarantee to equality and non-discrimination on the ground of gender identity is increasing and gaining acceptance worldwide and that it can also be applied in India.
Transgender people are oppressed and are faced with discrimination in the field of health care, employment, education, etc. The court referred to Part 21 of the United Nations Convention against Torture and Other Cruel Inhuman and Degrading Treatment or Punishment, wherein it is stated that States are obliged to protect all persons regardless of sexual orientation or transgender identity.First Solar Case Analysis Due to consideration of rising energy demand, global warming and nature of solar power, the solar industry has experienced a rapid development these years.
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1 Case summary National Legal Services Authority v Union of India and Others (Writ Petition No. of with Writ Petition No. of ) 1. Reference Details Jurisdiction: The Supreme Court of India. The Supreme Court of India passed a landmark judgment on Transgender rights in April, this year.
The Judgment was a long due acknowledgment of the rights of the Transgender in the nation. This judgment plays an essential role in the furtherance of the cause of Transgender and will help in removal of the stigma attached to the third gender and lead to greater social acceptance.