Historic verdict is the first in the world.
By The American Bazaar Staff
NEW DELHI: The Indian Supreme Court has passed arguably its most progressive verdict ever, officially recognizing transgender individuals as belonging to a third sex, separate from male and female.
The classification entitles transgender – or “hijras,” as they are commonly known throughout India – to certain rights and privileges many of them previously lived without when they were forced to identify as either male or female. Transgender people in India will now be allowed equal access to education and employment, as well as legal protection against discriminatory behavior based on their physical sexual state.
The actual wording of the law affords protection and rights for those who either have the physical characteristics of a member of the opposite sex, or who identify internally with the gender that is opposite of the one they bear the physical traits of. According to the Merriam-Webster dictionary, a transgender individual is one who “identifies with or expresses a gender identity that differs from the one which corresponds to the person’s sex at birth.”
In passing the verdict, India becomes the first country in the world to legally recognize transgender humans as a third sex, paving the way for the transgender populations of other countries to fight for their rights. The verdict is somewhat surprising, considering that just months ago, the very same Supreme Court passed a verdict outright banning public displays of homosexual behavior in a move that was lambasted by the international community.
The impetus for changing the legal standing of hijras came largely from their social standing, which has devolved in recent years as a result of targeted attacks by police and other local government agencies. The inability for transgenders to identify themselves, as well as the cultural and religious stigma against them, has caused living and working conditions to become deplorable in several cases, creating a need for the Indian government to step in.
A Public-Interest Litigation (PIL) was filed on behalf of the country’s hijra demographic by the National Legal Services Authority (NALSA), which initiated active litigation on the matter. Now, as a result of that filing, the Supreme Court of India has passed the country’s first massive pro-transgender law.
Although elated that their own country has made the big step towards recognizing the protecting transgender individuals, advocacy groups and the transgender community at large hopes that this is just one stepping stone towards full equal rights for LGBT people around the world. Homosexuals are still fighting for their rights in India, while transgenders have yet to attain many legal privileges in the majority of nations around the world.
There are roughly three million Indian citizens who identify themselves as transgender. According to voter registration info, which recently allowed an “other” sexual classification for the first time in history, about 28,000 Indian voters are hijras. It remains to be seen what effect, if any, the new ruling has on the upcoming elections in India.
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