NEW DELHI, (Thomson Reuters Foundation) – India’s top court yesterday recognised the country’s long marginalised transgender community as a third gender and, in a landmark judgment lauded by human rights groups, called on the government to ensure their equal treatment.
There are hundreds of thousands of transgenders in India, say activists, but because they are not legally recognised, they are ostracised, discriminated against, abused and often forced into prostitution.
“Recognition of transgenders as a third gender is not a social or medical issue but a human rights issue,” the Supreme Court’s two-judge bench said in its ruling.
“Transgenders are also citizens of India. The spirit of the constitution is to provide equal opportunity to every citizen to grow and attain their potential, irrespective of caste, religion or gender.”
A person who is transgender does not identify with the gender stated on their birth certificate.
The court ruling – which came after hearing a petition filed by a group of transgenders demanding equal rights – recognised the community as a marginalised group and directed authorities to implement policies to improve their socio-economic status.
The petitioners’ lawyers said that this would mean that all identity documents, including a birth certificate, passport and driving licence would recognise the third gender, along with male and female.
The government will also have to allocate a certain percentage of public sector jobs, seats in schools and colleges to third gender applicants, said lawyer Sanjeev Bhatnagar.
Due to their lack of access to jobs and education, many male-to-female transgenders – also known as “hijras” – are forced to work as sex workers or move around in organised groups begging or demanding money.
Hate crimes in the conservative country are common, say activists, yet few are reported partly due to a lack of sensitivity by authorities such as the police.
Transgender rights activist Laxmi Narayan Tripathi said the verdict was a great step towards ending such discrimination.