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Judicial Construction of Gender Identity

Volume
3
Issue
1
Pages
905-920
Published
Oct 2026
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Abstract

In the Indian legal system, earlier the doctrine of judicial construction of identity was known for its use w.r.t. juristic persons like government, deities, charities, etc., but with the SC's landmark judgment in NALSA vs. UOI (2014) we observed the extended application of this doctrine making the term 'gender' more inclusive by officially introducing the identity of '3rd gender'. The focus of the studies would be the legal position of all the genders considering their social, economic and historical standing within the insights provided by the Indian Judiciary through its pronouncements which will create an understanding of evolution of status of genders in India during different phases of history and at present. It is a noted fact that since independence women's safety and welfare has been given constitutional importance and judiciary's efforts in making these safeguards effective are steps toward the achievement of gender equality. Similarly now these safeguards are now being extended to 3rd gender and LGBTQ+ community as well. Though we still stand far behind our goal of gender equality but with the surfacing of cases of false allegations of rape or domestic violence against men or sexual harassment of men, compels the society to think that are we being too bias or too focused to a specific gender at the cost of the others. Here, we intend discuss about the modern issues faced by men in today's society which are either not taken account of or arising because of the extreme biasness towards other gender and how judiciary has been well able to maintain a balance between the principle of gender equality and preventing gender divide.

Authors
CA
Chanchala Agarwal
Keywords
judicial construction of identitygender equality3rd genderLGBTQ+ communityfalse allegations of rape
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