16.4.14

Transgender are 3rd Gender: SC

Centuries of having to live with the oppression of an indeterminate identity came to an end for transgenders—or hijras— with the Supreme Court recognizing them as the “third gender”, separate from male or female, and giving them a leg-up in their efforts to secure a better social and economic future by ordering their inclusion in the OBC category for education and jobs.
Seeking to address the discrimination and oppression suffered by hijras, a bench of Justices K S Radhakrishnan and A K Sikri said its decision to grant them OBC status was “to assuage the insult and injury suffered by them so far” and speed up the process of securing full human rights of the marginalized community. “We direct the Centre and states to take steps to treat them as socially and educationally backward classes of citizens and extend reservation in cases of admissions to educational institutional and for public appointments,” the 111-page order of the Supreme Court bench said.
The ruling will entitle transgenders to legal benefits related to marriage, adoption, divorce, succession, inheritance and welfare legislations like NREGA.
RTI documents show successive govts set up no specific welfare schemes/fund for uplift of transgenders
RTI reply from social justice ministry on Jan 27, 2014, said there was no “separate reservation” for transgenders unless they belonged to SC/ST/OBC category

Giving transgenders the right to be called the third gender, the SC said, “Binary notion of gender (male and female) reflects in the IPC and also in laws relating to marriage, adoption, divorce, inheritance, succession and welfare legislations. Non-recognition of the identity of hijras/transgender in various legislations denies them equal protection of law and they face widespread discrimination.”
In contrast to Tuesday’s verdict, the court had on December 11, 2013, upheld the validity of Section 377, making consensual sex between gay adults in private an offence.
It’s still not clear whether Tuesday’s judgment will help the larger LGBT community in achieving its goal of legalizing the distinct sexual preferences of its members.
The bench said, “Gender identity lies at the core of one’s personal identity, gender expression and presentation and, therefore, it will have to be protected under Article 19... State cannot prohibit, restrict or interfere with a transgender’s expression of such personality, which reflects that inherent personality.The recognition of one’s gender identity lies at the heart of the fundamental right to dignity. Gender constitutes the core of one’s sense of being as well as an integral part of a person’s identity. Legal recognition of gender identity is, therefore, part of right to dignity and freedom guaranteed under our Constitution.”
The court felt physical examination of a person to identify his/her gender was irrelevant as the person’s psychological identity decides gender expression. 

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