National Legal Services Authority vs. Union of India, (2014) AIR 2014 SC 1863

This case involves a petition filed on behalf of India's transgender community asserting that the right to express one’s identity in a non-binary gender was an essential part of freedom of expression. The petition was granted and directed the government to give legal recognition to the third gender. According to the court, seldom do people realize the discomfort, distress and psychological trauma they experience and many of them undergo 'Gender Dysphoria’ which may lead to mental disorders. Discrimination faced by this group in our society is rather unimaginable and their rights have to be protected, irrespective of chromosomal sex, genitals, assigned birth sex or implied gender role. The court concluded, after reviewing the history of the transgender community in India and applicable laws, that discrimination on the basis of sexual orientation or gender identity includes any discrimination, exclusion, restriction or preference, which has the effect of nullifying or transposing equality by the law or the equal protection of laws guaranteed under the Constitution.