Vodafone International Holding v UOI
- 2022-02-16
Date of Judgement: 15 April 2014
Facts: Members of the transgender community filed a writ petition for their right to gender identity other than the one assigned to them at their time of birth and prayed before the court that the non-recognition of such identity would result in the violation of article 14 and 21 of the constitution of India.
Issues: The core issues raised in the case were whether a person born with predominantly female orientation has the right to be recognized as female as per his choice( or vice versa) and whether the transgenders has the right to be recognized as third gender.
Judgment: The judgment held by Justice J.Radhakrishnan and A.K.Sikri sets a milestone as it identifies transgender as a “person” under the law providing them with equal law, opportunity and protection. It was held that the terms ‘person’ and ‘citizen’ used in the constitution under Article 14, 15, 16, 19 and 21 are gender neutral and term “sex” cannot be confined to the categories of male and female. It has to include hijras/transgenders . In reaching its decision, the Court stated “Each person’s self-defined sexual orientation and gender identity is integral to their personality and is one of the most basic aspects of self-determination, dignity and freedom”. Therefore, no one should be forced to undergo medical procedures, including sex reassignment surgery, sterilization or hormonal therapy as a requirement for legal recognition of their gender identity. Psychological gender is to be given much more importance over biological sex. Rights have to be protected regardless of chromosomal sex, genitals, assigned birth sex, or implied gender role as they are all ‘citizens’ and’ persons’ of the country. It was stated that that every human has their right to gender identity. So, no one should be ostracized because they are hijras, eunuchs etc. They are to be given equal protection under law and not to be discriminated.
The court upheld that the right to gender identity falls under the right to lead life with dignity, and thereby should be protected under Article 21 of the constitution. The Constitution necessitates equal treatment of all people irrespective of gender identity or expression . Hence, it was declared that the Centre and State governments must grant full legal recognition of gender identity as male, female or third gender at all levels(social , economic and educational) and transgender should be treated as third gender for the purpose of safeguarding their rights under Part III of our Constitution.
