The apex court directed governments to take steps to remove problems faced by them such as fear, shame, social pressure, depression, and social stigma…
New Delhi: In a landmark verdict, the Supreme Court today granted legal recognition to transgenders or eunuchs as third category of gender and directed the Centre and all states to treat them as socially and educationally backward classes to extend reservation in admission in educational institutions and for public appointments.
Paving the way to bring the transgender in national mainstream, the apex court directed governments to take steps to remove problems faced by them such as fear, shame, social pressure, depression, and social stigma.
A bench of justices K S Radhakrishnan and A K Sikri held that discrimination faced by transgenders,also known as Hijras, eunuchs, Kothis, Aravanis, Jogappas, Shiv-Shakthis etc, is “unimaginable” and their rights have to be protected as they are citizens of the country and having all rights under the Constitution like the male or the female have.
“Discrimination faced by this group in our society, is rather unimaginable and their rights have to be protected, irrespective of chromosomal sex, genitals, assigned birth sex, or implied gender role,” it said.
“We, therefore, declare 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,” it said.
The bench said that mindset of society towards the transgender has to be changed and it’s time for court to recognize their rights and to extend and interpret the Constitution to ensure a dignified life of transgender people.
“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,” the bench said.
“Seldom, our society realizes or cares to realize the trauma, agony and pain which the members of transgender community undergo, nor appreciates the innate feelings of the members of the transgender community, especially of those whose mind and body disown their biological sex.
“Our society often ridicules and abuses the transgender community and in public places like railway stations, bus stands, schools, workplaces, malls, theatres, hospitals, they are sidelined and treated as untouchables, forgetting the fact that the moral failure lies in the society’s unwillingness to contain or embrace different gender identities and expressions, a mindset which we have to change,” it said.
