Indian Supreme Court now recognizes transgenders in the wake of General Elections
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- In a landmark judgment, the Supreme Court on Tuesday created the "third gender" status for hijras or transgenders.
- Earlier, they were forced to write male or female against their
gender.The SC asked the Centre to treat transgender as socially and
economically backward.The apex court said that transgenders will be
allowed admission in educational institutions and given employment on
the basis that they belonged to the third gender category.The SC said
absence of law recognizing hijras as third gender could not be continued
as a ground to discriminate them in availing equal opportunities in
education and employment.This is for the first time that the third
gender has got a formal recognition.
- The third gender people will be considered as OBCs, the SC
said.The SC said they will be given educational and employment
reservation as OBCs.The apex court also said states and the Centre will
devise social welfare schemes for third gender community and run a
public awareness campaign to erase social stigma.The SC said the states
must construct special public toilets and departments to look into their
special medical issues.The SC also added that if a person surgically
changes his/her sex, then he or she is entitled to her changed sex and
can not be discriminated.The apex court expressed concern over
transgenders being harasssed and discriminated in the society and passed
a slew of directions for their social welfare.The apex court said that
trangenders were respected earlier in the society but situation has
changed and they now face discrimination and harassment.It said that
section 377 of IPC is being misused by police and other authorities
against them and their social and economic condition is far from
satisfactory.The bench clarified that its verdict pertains only to
eunuchs and not other sections of society like gay, lesbian and
bisexuals who are also considered under the umbrella term
'transgender'.The bench said they are part and parcel of the society and
the government must take steps to bring them in the main stream of
society.The apex court passed the order on a PIL filed by National Legal
Services Authority (NALSA) urging the court to give separate identity
to transgenders by recognising them as third category of
gender.Welcoming the Supreme Court decision, Lakshmi Narayan Tripathi,
transgender rights activist said, "the progress of the country is
dependent upon human rights of the people and we are very happy with the
judgment as the Supreme court has given us those rights."(With inputs
from PTI)
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