In a landmark ruling made on Tuesday, the Supreme Court of India will now grant rights to individuals who cannot identify themselves as either male or female, BBC reported. The High Court also ordered the country's government to provide jobs and education quotas and key amenities for transgenders in line with other recognized minorities.
Justice KS Radhakrishnan, who headed the two-judge High Court bench, said, "Recognition of transgenders as a third gender is not a social or medical issue but a human rights issue. Transgenders are also citizens of India" and they must be "provided equal opportunity to grow. The spirit of the Constitution is to provide equal opportunity to every citizen to grow and attain their potential, irrespective of caste, religion or gender."
The British news agency said that according to an estimate, there are around two million transgenders in India. Hijra is a local transgender term in India is often associated with people who cross-dress, transsexuals, transvestites and eunuchs. According to transgender rights activists, this minority live on the fringes of the society, are poor and often ostracized before of their gender. The source of income of the majority of the transgenders in India are from singing and dancing, and for some, from prostitution or begging. Rights groups also claimed that a transgender in India often faces discrimination, and that some hospitals do not admit them. In most public spheres, transgenders in India are often forced to choose to declare their gender as either male or female.
BBC said that the ruling made on Tuesday was a major step towards the acceptance of transgenders in the country. The ruling also follows a reversal of the 2009 Delhi High Court order, which criminalizes gay sex. The law then, which is Section 377 of the Indian Penal Code, considers same-sex relationships as unnatural offenses and penalizes the convicted with a 10-year jail sentence.
