By Brian Lanciault
Impunity Watch Reporter, Asia
NEW DELHI, India– India’s top court announced Tuesday in a landmark verdict that transgender rights are human rights. The decision stated that people can identify themselves as a third gender on any official documents.
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 to help them overcome social and economic challenges. Before the decision, transgendered Indians could only identify themselves as male or female in all official documents.
The decision was praised for giving relief to the approximately 3 million Indians who identify as transgender.
The Court proclaimed that it was the right of every human being to choose their gender, and acknowledged a grant of rights to those who identify themselves as neither male nor female.
“All documents will now have a third category marked ‘transgender.’ This verdict has come as a great relief for all of us. Today I am proud to be an Indian,” said Laxmi Narayan Tripathi, a transgender activist who, along with a legal agency, had petitioned the Court.
The Court’s decision will apply to individuals who have acquired the physical characteristics of the opposite sex, and to those who merely present themselves in a way that does not correspond with their sex at birth.
“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 Court said in its order.
The Supreme Court specified its ruling would only apply to transgender people but not to gays, lesbians or bisexuals. India’s LGBT communities have been protesting the Court’s recent decision to reinstate a colonial-era law banning homosexual intercourse, which they say will make them vulnerable to police harassment.
The Court also ordered the government to put in place public awareness campaigns to reduce the social stigma that has developed around transgender people.
Justice K.S. Radhakrishnan told the Court that the “recognition of transgender (people) as a third gender is not a social or medical issue but a human rights issue.”
“Transgenders are citizens of this country and are entitled to education and all other rights,” he said.
The Court ruled that transgender people have the same right to adopt children as other Indians.
The Court said any person who underwent surgery to change his or her sex would be entitled to be legally recognized as belonging to the gender of their choice.
The Supreme Court also ordered state governments to construct separate public toilets for transgender people and create health departments to take care of transgender medical services.
Recently, India’s Election Commission for the first time allowed a third gender choice — “other” — on voter registration forms. The change was made in time for the national elections being held in phases through May 12.
Nearly 28,000 voters have registered themselves in that category.
For more information, please see:
Hindustan Times– Supreme Court recognises transgender as third gender— 15 April 2014
ABC News–India’s Top Court Recognizes Third Gender Category— 15 April 2014
BBC News–India court recognises transgender people as third gender— 15 April 2014
Time–Men, Women and ‘Hijras’: India Recognizes Third Gender— 15 April 2014
