Transgender community buoyed by new court ruling
WEST Bengal’s transgender community is elated about a supreme court ruling that it be treated as a “third gender”, saying it brings the promise of social security and much needed infrastructural support from the state and central government.
The ruling also states that the third gender should be considered a socially and economically backward class that is entitled to job reservation.
Members of the third gender in the state said the ruling would ensure a decent livelihood, respectable source of income and inclusion in the national census.
Ranjita Sinha, project director of the Association of Transgender/Hijra in West Bengal, said the community’s presence, particularly the eunuchs or hijras, in Indian mythology and culture made their recognition as a third gender justifiable.
“The community has always been there. There are references in various epics and mythologies and the hijras have been part of society always, so the recognition as a third gender is important.
“Now, more and more people will come out and have a decent chance of eking out a living.
“This is a win for human rights,” said Sinha.
“We have been celebrating third gender day, April 30, every year and this year it will be special because of the ruling.
“We will have access to basic healthcare facilities and infrastructure on par with all citizens.”
Recognising transgender persons as a third category of gender, Justice KS Radhakrishnan and Justice AK Sikri directed the central and state governments to include them for reservation in jobs and education.
The court said that both the central and the state governments ought to frame welfare schemes for them.
Many transgender people previously became sex workers because of a lack of options and now they would be entitled to education and jobs, said Santosh Kumar Giri, a transgender person and secretary of the group Kolkata Rista.
“Political parties have never bothered to include us in their manifestos. But there is hope with the court ruling because welfare schemes and infrastructure support will be extended to us.
“We were respected earlier, but now the respect is not there and with this judgment we will get that honour back,” he said.
“This will also create more awareness about the problems associated with the community.”
Two years ago, the Election Commission allowed the registration of transgender people under the “others” category in the electoral rolls. Since then, 28 314 transgender people have been registered across India. They will be voting for the first time as “others” in the general elections.
However, according to gender and sexuality activist Pawan Dhall, there are certain “inconsistencies” that need “revision” in the context of the court ruling, which upheld section 377 of the Indian penal code forbidding consensual gay sex between adults.
“Recognising them as a third gender means no one can point a finger at their sexual orientation, whereas for lesbians and gays it is not the same.
“There is a contradiction in that. So the law has to be consistent with all and needs to be looked at,” said Dhall, a founder member of the voluntary organisation Varta, which promotes gender and sexual education in Kolkata.