The operational part of the judgement:
(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
Bangalore, 27th December 2013
Welcoming Janatadal (Secular)’s stand on IPC 377:
Praja Rajakiya Vedike welcomes the stand of Janatadal (Secular) in welcoming the review petition filed by the central government challenging the recent Supreme Court of India’s judgement on Section 377 of the IPC. The letter written by former Prime Minister of India and national president of Janatadal (Secular) said that this step of central government of India protects the fundamental rights accorded by our constitution.
The letter also said “Janata Dal (Secular) has been supporting the sexual minorities’ movement for equal rights and justice for a decade. We will continue to support the struggles for human rights.
The laws of the land should reflect constitutional morality and guarantee fundamental rights to all citizens irrespective of them being a minority or majority. Constitutional guarantees can’t be denied to a section of population just because they are a ‘minuscule minority’. As a secular party we believe that laws should reflect the constitutional ideals and not the narrow-minded views of any section of public based on religion, culture, tradition etc.
If there is a discussion on IPC 377 in parliament, we will extend our support to repeal this outdated and draconian provision, brought to India more than 150 years ago by the colonial British rulers.”
Appeal to Bharatiya Janata Party to consider their stand:
We appeal to BJP to reconsider its stand and to extend support to sexual minorities with regard to IPC 377. The main opposition party at the centre should support the fundamental rights guaranteed by the Constitution of India by reversing its stand on IPC 377.
Amend IPC 377 in Karnataka:
We appeal to all political parties in Karnataka to amend Section 377 of the IPC by excluding consensual sex between adults from the IPC 377. This is an opportunity for the political parties to show that Karnataka is in the forefront of defending sexual minority human rights in India.
Repeal Karnataka Police Act Section 36A:
We appeal to all political parties in Karnataka to repeal Section 36A of Karnataka Police Act, a draconian provision that gives enormous power to police to regulate transgenders.
Withdraw fabricated cases against sexual minorities in Hassan:
We deamnd the Government of Karnataka to withdraw the fabricated cases filed against 14 sexual minority persons in Karnataka.
Appeal to sexual minorities to participate actively in Electoral Politics:
We appeal to sexual minorities to join various political parties and participate actively in the electoral politics. Political participation and political power is central to human rights of any community. As of now there are almost no sexual minorities (who are open about their sexual preference/ gender identity) in the mainstream political parties. This needs to change.
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