By Dinesh C Sharma, Metro India, April 24, 2014
n April 15, the Supreme Court of India delivered a truly landmark judgement recognising the third gender – other than male and female–and gran ting all constitutional rights to people belonging to this category. Transgender persons- usually referred to as hijras or eunuchs – will now have the status of the third gender and all legal rights and entitlements currently available to the binary genders would flow to them as well. The court has granted citizens the right to identify one’s own gender – based on gender expression, behaviour and other experiences– and not based only on gender assigned at birth or acquired through sex reassignment medical procedures.
The freedom of expression guaranteed under Article 19(1)(a) includes the freedom to express one’s chosen gender identity through varied ways and means by way of expression, speech, mannerism, clothing, the court has ruled. Recognition of one’s gender identity lies at the heart of the fundamental right to dignity, and gender constitutes the core of one’s sense of being as well as an integral part of a person’s identity. Self determination of one’s gender, thus, becomes a fundamental right and the state must protect it.
The court has interpreted the expression ‘person’ used in Article 14 to say that its application is not restricted only to male or female. Transgender persons who are neither male nor female fall within the expression ‘person’ and are entitled to legal protection of laws in all spheres including employment, healthcare, education as well as equal civil and citizenship rights as enjoyed by other citizens. Specifically, the court has gran ted transgender persons the status of ‘other backward class’ in the context of entitlements like reservation in jobs and educational institutions. As regards heal thcare facilities, specific mention has been made about the high prevalence of HIV among transgender communities and the government has been asked to set up exclusive sero-surveillance units for transgender populations.
Read full story at:
http://metroindia.com/Details.aspx?id=30685
n April 15, the Supreme Court of India delivered a truly landmark judgement recognising the third gender – other than male and female–and gran ting all constitutional rights to people belonging to this category. Transgender persons- usually referred to as hijras or eunuchs – will now have the status of the third gender and all legal rights and entitlements currently available to the binary genders would flow to them as well. The court has granted citizens the right to identify one’s own gender – based on gender expression, behaviour and other experiences– and not based only on gender assigned at birth or acquired through sex reassignment medical procedures.
The freedom of expression guaranteed under Article 19(1)(a) includes the freedom to express one’s chosen gender identity through varied ways and means by way of expression, speech, mannerism, clothing, the court has ruled. Recognition of one’s gender identity lies at the heart of the fundamental right to dignity, and gender constitutes the core of one’s sense of being as well as an integral part of a person’s identity. Self determination of one’s gender, thus, becomes a fundamental right and the state must protect it.
The court has interpreted the expression ‘person’ used in Article 14 to say that its application is not restricted only to male or female. Transgender persons who are neither male nor female fall within the expression ‘person’ and are entitled to legal protection of laws in all spheres including employment, healthcare, education as well as equal civil and citizenship rights as enjoyed by other citizens. Specifically, the court has gran ted transgender persons the status of ‘other backward class’ in the context of entitlements like reservation in jobs and educational institutions. As regards heal thcare facilities, specific mention has been made about the high prevalence of HIV among transgender communities and the government has been asked to set up exclusive sero-surveillance units for transgender populations.
Read full story at:
http://metroindia.com/Details.aspx?id=30685
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