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Q66 (CISF/2020) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties

Persons belonging to the third gender category cannot be discriminated against by the State and its institutions. Which Articles of the Constitution support this interpretation by the Supreme Court?

Explanation

In the landmark case of National Legal Services Authority (NALSA) v. Union of India (2014), the Supreme Court of India recognized transgender persons as the "third gender". The Court held that the fundamental rights granted under the Constitution are equally applicable to them.

  • Article 14: The Court ruled that the word "person" in Article 14 (Right to Equality) is not restricted to male or female but includes transgender individuals, ensuring them equal protection of the law.
  • Article 21: The Court interpreted the Right to Life and Personal Liberty to include the right to dignity and the right to personal autonomy, which encompasses the right to choose one's gender identity.

While Articles 15, 16, and 19 were also referenced regarding non-discrimination and expression, Articles 14 and 21 form the core constitutional basis for the protection of their identity and equality.

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SIMILAR QUESTIONS

CAPF · 2014 · Q27 Relevance score: -3.64

Which of the following are related to Right to Equality under the provisions of Articles 14 - 18 of the Constitution of India ? 1. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth 2. Equality of opportunity in matters of public employment 3. Educational and cultural rights to minorities 4. Abolition of untouchability Select the correct answer using the code given below :

CDS-II · 2016 · Q68 Relevance score: -4.75

Which of the following fundamental rights as enshrined in the Constitution of India belong only to the citizens? 1. Article 19 (Protection of right to freedom of speech) 2. Article 21 (Protection of life and personal liberty) 3. Article 15 (Prohibition of discri¬mination) 4. Article 16 (Equality of opportunity) Select the correct answer using the code given below.

CDS-II · 2017 · Q71 Relevance score: -4.76

Article 21 of the Constitution of India includes 1. Rights of transgenders 2. Rights of craniopagus twins 3. Rights of mentally retarded women to bear a child Select the correct answer using the code given below.

CISF · 2019 · Q64 Relevance score: -4.81

Which Article of the Constitution of India provides for the right of minorities to establish and administer educational institutions?

CAPF · 2024 · Q92 Relevance score: -4.87

Which of the following statements is/are correct? 1. Some Rights contained in Part-III of the Constitution of India are enforceable against the State only 2. Some Rights contained in Part-III of the Constitution of India are enforceable in favor of citizens only 3. Some Rights contained in Part-III of the Constitution of India are enforceable against both, the state and individuals Select the answer using the code given below: