Constitutional Rights
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Article 14: Right to Equality
The Constitution guarantees the right to equality before the law and equal protection of the laws for all citizens, including transgender individuals.
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Article 15: Prohibition of Discrimination
The Constitution prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.
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Article 16: Equality of Opportunity in Public Employment
The Constitution ensures equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
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Article 19: Right to Freedom of Speech and Expression
The Constitution guarantees the right to freedom of speech and expression, which includes the right to express one's gender identity.
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Article 21: Right to Life and Personal Liberty
The Constitution upholds the right to life and personal liberty, which includes the right to live with dignity and self-determination for transgender individuals.
Landmark Judgments
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National Legal Services Authority vs. Union of India (2014)
The Supreme Court recognized transgender people as a third gender, affirming their constitutional rights and freedom from discrimination.
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Navtej Singh Johar vs. Union of India (2018)
The Supreme Court decriminalized homosexuality by striking down Section 377 of the Indian Penal Code, a significant step forward for LGBTQ+ rights.
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Transgender Persons (Protection of Rights) Act, 2019
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Section 3(b): Prohibition of Discrimination
No person shall discriminate against a transgender person in any matter relating to employment or occupation.
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Section 3(c): Right to Employment
Every transgender person shall have the right to be employed without discrimination and should not be denied employment on the grounds of being a transgender person.
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Section 10: Non-Discrimination in Employment
Prohibits discrimination against transgender persons in employment matters, including recruitment, promotion, and other related issues.
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Section 17: National Council for Transgender Persons
Mandates the formation of a National Council for Transgender Persons to advise the government on policies and measures for the welfare of transgender individuals.