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The Court emphasised that drawing on stereotypes and stigma associated with the transgender community is impermissible for the purpose of formulating laws, rules and policies as it would be squarely opposed to the principle of substantive equality.
“The Parliament, though has enacted the Transgender Persons (Protection of Rights) Act, 2019 and has also framed Rules thereunder, however, it appears that the welfare measures, which may be made pursuant to the statutory obligations cast on the Governments under the said Act, have also not been made.”
In National Legal Services Authority v. Union of India, (2014) 5 SCC 438, the Court directed the Centre and State Governments to treat transgender persons as ‘Socially and Educationally Backward Classes’ of citizens and extend reservation in admission in educational institutions and for public appointments.