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.(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.

 

Here is the link to download the full judgemnet: Transgender judgment

2 comments

  1. rituparna borah

    I think we should also try to include this aspect of the judgement as we all know how female assigned at birth transmasculine people are marginalised even more. So may be when we make declarations like this, we need to mention this aspect as well.

    this is from the judgement, in case you missed.
    “46. Social exclusion and discrimination on the ground of gender
    stating that one does not conform to the binary gender
    (male/female) does prevail in India. Discussion on gender identity
    including self-identification of gender of male/female or as
    transgender mostly focuses on those persons who are assigned
    male sex at birth, whether one talks of Hijra transgender, woman
    or male or male to female transgender persons, while concern
    voiced by those who are identified as female to male trans-sexual
    persons often not properly addressed. Female to male unlike Hijra/
    transgender persons are not quite visible in public unlike
    Hijra/transgender persons. Many of them, however, do experience
    violence and discrimination because of their sexual orientation or
    gender identity.”

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