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NALSA vs. UOI

The significance of the NALSA judgement is to be construed in the context in which it was delivered. The judgement comes almost four months after Suresh Kumar Koushal v. Naz Foundation recriminalised section 377 of the IPC, thus creating an adverse social, political and legal environment for the LGBTQ community, as the recriminalisation was seen as a delegitimisation of the entire community, including transgenders. Hence, NALSA set not just a legal precedent in terms of transgender rights, but also acted as a social precedent, which aimed to overcome the social stigma associated with the community. It apparently promised a wide range of reforms by seemingly laying down a “charter of transgender rights”.

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