India’s Supreme Court recognizes a third gender option to be created for transgender people, or “Hijras” as they are often referred to in South Asia.
This is no doubt a landmark ruling since previously, transgendered Indians could only identify themselves as male or female in all official documents. The court said in its order that “The spirit of the [Indian] Constitution is to provide equal opportunity to every citizen to grow and attain their potential, irrespective of caste, religion or gender”. The order is expected to alleviate the conditions in which transgendered people in India are subjected to.
The Supreme Court directed the federal and state governments to include transgendered people in all welfare programs for the poor, including education, health care and jobs which help to overcome the social and economic challenge they have to date faced.
Laxmi Narayan Tripathi, a transgender activist who petitioned states “All documents will not have third category marked ‘transgender.’ This verdict has come as a great relief for all of us. Today I am proud to be an Indian.”
The court made note that it is the right of every individual to be able to choose and identify with their own gender while granting rights to those who identify themselves as neither male nor female. This decision would apply to individuals who have acquired the physical characteristics of the opposite sex or present themselves in a way which does not correspond with their sex at birth.
The court has also ordered the government to create public awareness campaigns in order to reduce the social stigma against transgendered people.
The Supreme Court specified its ruling would only apply to those transgendered people, and not to gays, lesbians or bisexuals. As a result of this India’s LGBT communities have been protesting the court’s recent decision to reinstate a law banning gay sex, which can leave the community vulnerable to police harassment.
In previous years, the population of transgendered people in India have been ostracized and excluded from mainstream society due to their lack of legal recognition. Discriminated against and abused, where they were forced into begging or prostitution.
In light of this new ruling, a certain percentage of all public sector jobs, seats in schools and colleges will be put aside for transgendered applicants as well as the right to adopt children and receive health care.
In this year’s election, Indians Election Commission allowed a third gender of “other” on voter registration forms. Approximately 30 000 people used the designated “other” box, and there is an estimated 2 million transgendered individuals in India according to the Associated Press report.
India is following in the footsteps of other countries, such as Nepal and Bangladesh who have also passed similar legislations.
Comment below and tell us what do you think of the desicion India has made?
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