Supreme Court on Transgenders- Final Judgment (Part V)

LGBT Parade

In the previous posts (Part I, Part II, Part III and Part IV), we saw how the court interpreted the rights of the transgender community in light of various historical facts and psychological aspects of gender. The court also took into account the jurisprudential facet of fundamental rights. Various cases that have enhanced the ambit of the fundamental rights especially Article 21 were also cited by the court.

In the present case, the Court finally declared that:

(1) Hijras, Eunuchs, apart from binary gender, be treated as “third gender” for the purpose of safeguarding their rights under Part III of our Constitution and the laws made by the Parliament and the State Legislature.

 (2) Transgender persons’ right to decide their self-identified gender was also upheld and the Centre and State Governments were directed to grant legal recognition of their gender identity such as male, female or as third gender.

(3) It directed the Centre and the State Governments to take steps to treat them as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.

(4) Centre and State Governments were directed to operate separate HIV Sero-Surveillance Centres since Hijras/ Transgenders face several sexual health issues.

(5) Centre and State Governments should seriously address the problems being faced by Hijras/Transgenders such as fear, shame, gender dysphoria, social pressure, depression, suicidal tendencies, social stigma, etc. and any insistence for SRS for declaring one’s gender is immoral and illegal.

(6) Centre and State Governments should take proper measures to provide medical care to TGs in the hospitals and also provide them with separate public toilets and other facilities.

(7) Centre and State Governments should also take steps for framing various social welfare schemes for their betterment.

(8) Centre and State Governments should take steps to create public awareness so that TGs will feel that they are also part and parcel of the social life and be not treated as untouchables.

(9) Centre and the State Governments should also take measures to regain their respect and place in the society which once they enjoyed in our cultural and social life.

(10) An Expert Committee has already been constituted to make an in-depth study of the problems faced by the Transgender community and suggest measures that can be taken by the Government to ameliorate their problems and to submit its report with recommendations within three months of its constitution. The recommendations will be examined based on the legal declaration made in the present judgment and implemented within six months.

The next and final part of this series will contain my opinion relating to the present verdict.

Read My Opinion on this Judgment here.