India top court recognises transgenders as 'third gender', Asia News

Trudy Harris

Apr 15, 2014

NEW DELHI - India's highest court ruled Tuesday that a person can be legally recognised as gender-neutral, a landmark judgement that raises hopes of an end to discrimination against several million transgenders and eunuchs.

The Supreme Court also said transgenders should be included in government welfare schemes offered to other minority groups in a bid to pull them out of the impoverished margins of Indian society.

"Transgenders are citizens of this country and are entitled to education and all other rights," Justice K.S. Radhakrishnan told the court while handing down the ruling.

"Recognition of transgenders as a third gender is not a social or medical issue but a human rights issue," said Radhakrishnan, who headed a two-judge bench on the case.

The case was filed in 2012 by a group of petitioners including prominent eunuch and activist Laxmi Narayan Tripathi seeking recognition for the transgender population and equal rights under the law.

Transgenders and eunuchs or hijras - a term for cross-dressers and men who have been castrated - often live on the extreme fringes of India's culturally conservative society.

Transgenders are often seen as inauspicious and even cursed in traditional Hindu culture. Many resort to prostitution, begging or menial jobs that leave them mired in poverty.

The ruling, hailed as landmark by activists, comes just months after the same court reinstated a ban on gay sex and sparked accusations it was dragging the country back to the 19th century.

- 'Proud to be Indian' -

"Today, for the first time I feel very proud to be an Indian," activist Tripathi told reporters outside the court.

"Today my sisters and I feel like real Indians and we feel so proud because of the rights granted to us by the Supreme Court."

Open gallery

India's highest court ruled that a person can be legally recognised as gender-neutral.
Open gallery

Llandmark judgement raises hopes of an end to discrimination against several million transgenders and eunuchs.
Open gallery

The Supreme Court also said transgenders should be included in government welfare schemes offered to other minority groups.
Open gallery

"Transgenders are citizens of this country and are entitled to education and all other rights," said Justice K.S. Radhakrishnan.
Open gallery

Transgenders are often seen as inauspicious and even cursed in traditional Hindu culture.
Open gallery

Many resort to prostitution, begging or menial jobs that leave them mired in poverty.
Open gallery

The ruling, hailed as landmark by activists, comes just months after the same court reinstated a ban on gay sex.
Open gallery

Transgenders and eunuchs often live on the extreme fringes of India's culturally conservative society.
Open gallery

India's Supreme Court also said transgenders should be included in government welfare schemes.
Open gallery

"Transgenders are citizens of this country and are entitled to education and all other rights," said Justice K.S. Radhakrishnan.
Open gallery

The court case was by a group of petitioners including prominent eunuch and activist Laxmi Narayan Tripathi seeking recognition for the transgender population.
Open gallery

"Recognition of transgenders as a third gender is not a social or medical issue but a human rights issue," Justice said Radhakrishnan.
Open gallery

"Transgenders are citizens of this country and are entitled to education and all other rights," said Justice K.S. Radhakrishnan.
Open gallery

An Indian transgender rests at home in the town of Becharaji some 110 km from Ahmedabad on April 15, 2014.
Open gallery

An Indian transgender feeds the dogs at home in the temple town Becharaji.
Open gallery

An Indian transgender prepares Chapattis at home in Becharaji.
Open gallery

A Hindu priest arranges flowers on the shrine of Goddess Becharaji where Indian transgenders and hijras gather to worship the Goddess in the campus of Becharaji Temple.
Open gallery

An Indian transgender sits in the campus of Becharaji Temple.
Open gallery

Indian transgenders gather to worship Goddess Becharaji in the campus of Becharaji Temple.
Open gallery

Indian transgender residents celebrate the Supreme Court judgement at the Becharaji Temple.
Open gallery

Indian transgender residents celebrate the Supreme Court judgement at the Becharaji Temple.
Open gallery

Indian transgender residents dance during an event to celebrate the Supreme Court judgement in Mumbai on April 15, 2014.
Open gallery

Indian transgender residents dance with others at an event to celebrate the Supreme Court judgement in Mumbai.
Open gallery

Indian transgender residents dance with others at an event to celebrate a Supreme Court judgement in Mumbai.
Open gallery

Indian transgender residents celebrate the Supreme Court judgement in Mumbai on April 15, 2014.
Open gallery

Indian transgender residents celebrate the Supreme Court judgement in Mumbai on April 15, 2014.
Open gallery

Indian transgender residents celebrate the Supreme Court judgement in Mumbai on April 15, 2014.
Open gallery

In this photograph taken on April 30, 2013, Indian transgender dancers put on makeup before a performance in Kolkata.
Open gallery

Indian transgenders attend a seminar for the transgender community in Mumbai on October 3, 2013.