India recognises transgender rights in equality victory, but gay rights still denied

April 15, 2014
Issue 

India's top court officially recognised transgender rights today in a landmark ruling.
The supreme court directed the federal and state governments to allow people to identify themselves as outside the binary male/female gender definitions.

The estimated three million transgender Indians will have the same access to welfare programs for the poor, including education, healthcare and jobs to help them overcome social and economic challenges.

The court also ordered the government fight the social stigma associated with transgender people through a public awareness campaign.

India鈥檚 election commission recently allowed voters to register with their gender as 鈥渙ther鈥 in time for ongoing elections. About 28,000 people registered themselves in that category.

The court鈥檚 decision applies to individuals who have acquired the physical characteristics of the opposite sex or present themselves in a way that does not correspond with their sex at birth.

鈥淭he spirit of the constitution is to provide equal opportunity to every citizen to grow and attain their potential, irrespective of caste, religion or gender,鈥 said the court.
Justice KS Radhakrishnan said that the 鈥渞ecognition of transgender people as a third gender is not a social or medical issue but a human rights issue鈥.

Transgender people 鈥渁re citizens of this country and are entitled to education and all other rights鈥.

But the court made it clear its ruling didn鈥檛 apply to gays, lesbians or bisexuals.
India鈥檚 LGBT communities have been up in arms over the court鈥檚 support for a colonial-era law banning sodomy. The court said the issue was for parliament to decide.

[Reposted from .]

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