On April 15, 2014, the Supreme Court’s National Legal Services Authority (NALSA) v. Union of India verdict declared transgender individuals a “third gender,” granting them long-denied rights to equality, dignity, and opportunity. For trans women like Meera, supported by Sahodari Foundation, it was a beacon of hope. This blog explores the NALSA verdict’s transformative impact, the pivotal advocacy of Kalki Subramaniam, Sahodari’s founder, and the ongoing fight for transgender empowerment. Join us to understand how one ruling is reshaping lives and what challenges remain.
A Cry for Recognition
Before 2014, India’s legal system offered only “male” or “female” options on IDs, erasing transgender identities. This exclusion fueled discrimination, with 50% of trans youth dropping out of school due to bullying. The NALSA case, driven by the National Legal Services Authority and activists like Laxmi Narayan Tripathi, demanded change. The 2014 ruling recognized trans people as a third gender with equal constitutional rights. Meera, a trans woman from Tamil Nadu, shares, “I left school at 16 because I wasn’t accepted. NALSA gave me hope to exist.”
Kalki Subramaniam’s Pivotal Role
Kalki Subramaniam, founder of Sahodari Foundation, was instrumental in building momentum for NALSA. In 2010, she spoke at the Seminar on Issues Related to Transgender Community at Madras Judicial Academy, Chennai, delivering an emotional speech to Chief Justice Altamas Kabir about bullying and lack of education pushing trans individuals into precarious livelihoods. In 2011, at the National Seminar ‘Transgender and the Law’ in New Delhi, organized by NALSA with UNDP support, she sensitized judiciary and police officials, advocating for legal recognition. Her speeches at Maharashtra State Legal Services Authority, Guwahati University, and Jindal Global School of Law further amplified trans struggles, laying groundwork for the 2014 verdict.
What NALSA Delivered
The NALSA verdict introduced groundbreaking provisions:
| Provision | Details |
|---|---|
| Third Gender Status | Recognizes transgender people as a third gender, beyond male/female. |
| Equal Rights | Ensures constitutional protections like equality and dignity. |
| Self-Identification | Allows gender choice without medical or surgical requirements. |
| Reservations | Mandates education and job reservations as a backward class. |
| Public Welfare | Calls for healthcare access, separate toilets, and welfare schemes. |
These changes empowered individuals like Meera, who, with Sahodari’s scholarships, is now studying to become a social worker.
A Ripple Effect Across India
NALSA’s impact was immediate: Aadhaar cards, voter IDs, and passports added a third gender option. States like Tamil Nadu and Kerala launched welfare programs, including free bus passes and healthcare schemes. Pride parades grew bolder, with trans voices leading. Yet, by 2021, many trans individuals still felt like “second-class citizens,” facing workplace and school discrimination. As of 2024, only a few states have fully implemented NALSA’s directives, highlighting ongoing gaps.
The Roadblocks Ahead
Implementation remains challenging. Bureaucratic delays and invasive ID processes hinder self-identification. The Transgender Persons (Protection of Rights) Act, 2019, faced criticism for requiring magistrate approval for gender changes, contradicting NALSA’s self-identification principle. By 2024, only two states had transgender protection cells in police stations, leaving many vulnerable. Sahodari addresses these gaps through practical support, ensuring trans women access promised rights.
Sahodari’s Fight for NALSA’s Promise
Since 2008, Sahodari Foundation, founded by Kalki Subramaniam, has championed NALSA’s vision. Our scholarships support trans students like Meera, tackling high dropout rates. The Trans Entrepreneur Project trains women like Priya, now a caterer, in skills like cooking and crafting. The Red Wall Project amplifies trans stories, echoing NALSA’s call for dignity. Kalki’s advocacy continues through initiatives like the 2019 youth leadership workshop in Kerala and Tamil Nadu and educational talks at schools like Montfort International, fostering inclusion .
Keep the Verdict Alive
A decade after NALSA, its promise needs allies. Laws don’t change hearts alone. Join Sahodari to make trans empowerment real—engage with our workshops, support trans-made art, or share our stories.