A welcome step, as the legal fraternity likes to call it, the SC's judgment will help in bringing the transgenders in the mainstream. "The judgment has paved the way for the transgenders to be a part of the mainstream. It has made it easier for them to get jobs, education, like any other sex without discrimination. What still needs to change is the mindset of people and the judgement is a good start," said Anand Grover of the Lawyers Collective, who represented Laxmi Narayan Tripathi, a eunuch and transgender rights activist, in the matter.
While hearing the matter, the SC also came across the stories of a few transgenders who were discriminated against and were exploited for their gender identity. Laxmi, who was an intervener in the matter, also shared her story with the apex court to drive her point home. As the SC pronounced its order on Tuesday morning, an elated Lakshmi said, "I am very happy with the judgment. The progress of the country is dependent on human rights of the people and we are very happy as the SC has given us those rights."
This judgment comes at a time when the apex court has agreed to consider the curative petition filed in the Supreme Court against Section 377 of the Indian Penal Code that criminalizes same-sex intercourse. Whether it will have a positive influence, it is premature to ascertain, yet the legal fraternity feels that it's a start. "They are two opposite judgments. We hope that this judgment will help us in the other case," Grover said. Grover's remarks were second by human rights lawyer Ashok Arora, who said the verdict will help the society grow better.
The SC's order giving hijras and eunuchs 'Third Gender' identity and ordering their inclusion among Other Backward Class (OBC) communities to avail 27% reservation in government educational institutions has put India on the world map as a country which is sensitive towards sexual minority. The apex court observed that the recognition of "sex identity gender" of persons, and "guarantee to equality and non-discrimination" on the ground of gender identity or expression was "gaining acceptance in international law and, therefore, be applied in India as well".
Last year, Germany came out with a new law which allowed the parents to register the sex of the children as 'not specified' in the case of children with intersex variation. In 2012, the Senate of Argentina passed a law on Gender Identity that recognizes right by all persons to the recognition of their gender identity as well as free development of their person according to their gender identity. It also allowed a person to request that their recorded sex be amended along with the changes in first name and image, whenever they do not agree with the self-perceived gender identity. The same year, the Supreme Court of Pakistan also held that transgenders be given equal basic rights as all citizens.
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