In a landmark ruling, the Supreme Court of India has recognised transgender people as a “third gender”. Prior to the Supreme Court ruling, Indian transgender people were forced to identify themselves as either male or female. In recognising that transgender people constitute a third gender, the court said “it is the right of every human being to choose their gender”.
In addition to this recognition, the court recommended a series of measures to further advance the rights of transgender people. Most notably, transgender people will have greater access to education and employment on the basis that they belonged to the new third gender category. Furthermore, the Supreme Court said that the municipal and state governments must formulate social welfare schemes for transgender people that will be bolstered by a public awareness campaign to remove any remaining social stigma attached to being a transgender person. With regard to gender reassignment surgery, the Supreme Court said if a person surgically changes his or her sex, then he or she is entitled to live in their changed sex and cannot be discriminated against.
Despite the Supreme Courts recognition of transgender people as a third gender, the legal landscape for transgender people in India remains unclear. In December 2013, the Supreme Court reversed a landmark 2009 Delhi High Court order which had decriminalised homosexual acts, thus criminalising gay sex. As it stands, transgender people now have recognition under Indian law but could be liable for criminal conviction if they have consensual gay sex.
Click here to read an article on the BBC website regarding the Supreme Court decision.
Click here to read an article on The Times of India website summarising the Supreme Court’s ruling.