Equal Protection of Laws: SC Grants Transgender Persons Right to Equal Insurance Access
- ByAdmin --
- 11 Apr 2025 --
- 0 Comments
In 2025, a trans woman in Mumbai applied for health insurance. Her application was rejected solely because of her gender identity.
She moved court—and the Supreme Court delivered a historic verdict, ordering that all benefits, schemes, and legal rights must apply to transgender persons equally.
Legal Foundation
Article 14 + NALSA v. Union of India (2014):
- Recognizes transgender persons as equal citizens under law
- Denial of services or schemes based on gender identity is discriminatory and unconstitutional
What the Court Ruled
- All insurance companies must ensure non-discrimination in policy eligibility and claims
- Gender identity cannot be used as an exclusion criterion
- Trans persons must receive equal pricing, equal policy coverage, and equal claim access
“Equality is not tolerance—it’s inclusion,” the judgment emphasized.
Impact
- Paves the way for anti-discrimination audits in financial institutions
- Opens legal pathways for trans persons to access housing, education, credit, healthcare
- Reaffirms India’s commitment to dignity-based constitutionalism
Protection of law means protection for every citizen—not just those who fit a traditional mold.
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