Supreme Court of India’s Judgement (full) on transgenders
The operational part of the judgement:
We, therefore, declare:
(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.
(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 is
also upheld and the Centre and State Governments are directed to grant
legal recognition of their gender identity such as male, female or as
third gender.
(3) We direct 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 are directed to operate separate HIV
Sero-survellance 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 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.
We
are informed 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. Let the recommendations be examined
based on the legal declaration made in this Judgment and implemented
within six months.
For full judgement visit: http://prajarajakiya.
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