KUDOS- the Supreme Court

18/04/2014

The Supreme Court's verdict recognising transgenders as the ‘third gender' opens the doors for this community to equal opportunities they have been denied in large measure since the country's independence. The court has not just given them a tag of identity, but also ensured that they be considered for reservations in Government employment and educational institutions as part of a socially and educationally backward community. In other words, the transgenders will get the benefits of the quota system in much the same way as the Other Backward Classes have been deriving. It must be remembered that the court ruling is limited to eunuchs and does not cover the others in what is generally referred to as the LGBT community. The exclusion is, of course, in keeping with an earlier verdict of the apex court which had upheld Section 377 of the Indian Penal Code that criminalises homosexuality. The two-judge Bench which has given the new landmark ruling said the state had to uphold the right of a human being to choose his or her gender. Such a choice cannot become a discriminatory tool to deny equal opportunities to the person as a citizen of this country. The National Legal Services Authority, which had taken the lead along with some others for equal opportunity, should be a happy lot. The legal sanction should also go some way in blunting the skewed attitude of society towards the transgender community, though much will need to be done to change social perceptions significantly.
While transgenders have played an important role in the socio-cultural history of India, they have never been accepted as part of mainstream society. With the Supreme Court opening a window of opportunity for them to get educated and employed, it is hoped that their assimilation in society will become easier. This is where social activists must concentrate their energies on, given that they have secured the apex court's mandate by way of rights for the community's members. They must impress upon leaders at grassroots levels in villages, towns and cities and educate them on the need to accept transgenders as equals. The notion that transgenders are ‘not normal' humans, has to be overcome.
A further directive of the Supreme Court to State Governments and the Centre, to provide healthcare that transgenders may specifically need, such as HIV sero-surveillance centres, will not only extend medical facilities that they have been possibly denied until now, but also build confidence among the community's members. Transgenders will now also be given other amenities to ensure a dignified existence, such as separate washroom facilities in public places. It is strange that such steps have taken so long in coming in a country which boasts of providing equal opportunity to all its citizens, regardless of their gender, caste and religion. But then, as it is said: Better late than never.

Photo Gallery

BSE Sensex

NSE Nifty