SC gives recognition to transgenders as the third gender, to get quota in jobs

[praveen]

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In a landmark judgment, the Supreme Court has given recognition to transgenders as the third gender. The apex court has directed the Central and state governments to treat them as socially and economically backward classes.

The governments have also been asked to provide reservation in jobs and education and provide medical facilities to transgenders.

The court said that transgenders are citizens of the country and have equal rights to education, employment and social acceptability.


While delivering the order, the SC expressed concern over discrimination and harassment of transgenders in the country and directed the governments to take remedial measures. The court said that the status of the transgenders has degenerated and the time had come for their status to be brought at par with the status of the male and the female.


Terming the judgement as a socially progressive one, senior lawyer Colin Gonsalves said that it was a happy day for the transgenders and the ones who have been fighting for their equality.

Via Ibnlive

 

[renuka]

Good! Very happy to note this.
When I was in India a few years back a transgender stopped me at the traffic light and came to the auto and asked for money.He spoke very good English and told me that he faces discrimination in society and cant get a job anywhere so he has no choice to beg.


Out here in Malaysia transgenders are usually employed in cosmetic sales counters and also as wedding planners and clothing sales person or fashion designers/hair stylist etc .Some even run their own companies
They do these jobs really well..many well known companies like Body Shop hire transgenders cos they really have the knack for cosmetics and are polite and hardworking.

I am glad to know they are being accepted in society cos I have seen many forced into the flesh trade for survival and die of HIV.

At least now when they are allowed to take up jobs they can keep away from the flesh trade and lead a life like the rest of us.

 

[CHANDRU1849]

Despite medical world has given clear explanation the reason for being a transgender, majority of Indians still feel that as if they are from some other world. Added to this, the Tamil cinema has taken them for a ride. If a comedian in a Tamil film has no subject to joke, he takes up transgender, which is highly deplorable.

The State Government must give them reservation education, health care, employment, housing etc; and also stringent laws to punish those who insult and make adverse remarks about in public and cinema.

 

[vaithehi]

Good! Very happy to note this.
When I was in India a few years back a transgender stopped me at the traffic light and came to the auto and asked for money.He spoke very good English and told me that he faces discrimination in society and cant get a job anywhere so he has no choice to beg.

Here Renu mentioned as HE actually they see themselves as females only ...some people are more feminine than females
kindly don't put them as HE this also actually an insult on them
rv

 

[vaithehi]

The problem with this is that when they get reservation how they will be accommodated in the main stream without ridicule and hatred..that's the question?..Another is sometimes Cross dressing people will take advantage of this..Kindly think about this and don't remove

rv

 

[renuka]

Here Renu mentioned as HE actually they see themselves as females only ...some people are more feminine than females
kindly don't put them as HE this also actually an insult on them
rv

dear Vaithehi,

When I wrote "he" I know very well that genetically most transgenders are still XY hence technically male.. those with Klinefelter Syndrome have a genetic make up of XXY but as long the Y chromosome is present the person is considered male for all practical purposes.

In hospitals Transgenders and those with Klinefelter Syndrome are admitted in the male ward and allowed only to use the male bathroom.


So technically there is no "insult" here cos genetically they are still "he".

Yes I do admit they feel like a female within but we still have to go along the medical dictates when classifying anyone.

BTW the word HE written in caps lock style is usually used when we describe God!

 

[vaithehi]

Hello renuka - rv

dear Vaithehi,

When I wrote "he" I know very well that genetically most transgenders are still XY hence technically male.. those with Klinefelter Syndrome have a genetic make up of XXY but as long the Y chromosome is present the person is considered male for all practical purposes.

In hospitals Transgenders and those with Klinefelter Syndrome are admitted in the male ward and allowed only to use the male bathroom.
(These are all western std of exploitation inorder to extract money for making them fully female but they are already female ..there is no end to SRS and beauty treatment and this always make them guilty conscious of their state as woman)

So technically there is no "insult" here cos genetically they are still "he".

Yes I do admit they feel like a female within but we still have to go along the medical dictates when classifying anyone.

BTW the word HE written in caps lock style is usually used when we describe God!

Here i beg to differ that it is not XY or XX which determines our brain pattern...It is chromosomal pattern and external genetalia which doctors determine that they are male or female..i have read many articles about this.
Their brain size is equal to that of female only not males.Even if XY is there , sometimes they can be female..Even XX is there they can be male..GOD according to our puranas is told as "AAN ALLAN PEN ALLAL ALIUM ALLAL"..KINDLY DON"T FOLLOW WESTERN STANDARDS FOR JUDGEMENT OF GOD...They are actually exploiting every of our weakness and also of our shortcomings , our financial status instead of helping that's why our cost of education increased...we are now into continuous education which make institutes to earn a lot..previously education was free ...even 8 th std person got goverment jobs in railways and banks...Since population is more they are exploiting by demanding high-fee and for only some courses employment opportunity is there..Lot of people are unemployed now..KINDLY THINK ABOUT THESE BEFORE REPLYING..I KNOW I'm not doctor but i used to read articles written by TJ people

rv

 

[renuka]

Here i beg to differ that it is not XY or XX which determines our brain pattern...It is chromosomal pattern and external genetalia which doctors determine that they are male or female..i have read many articles about this.
Their brain size is equal to that of female only not males.Even if XY is there , sometimes they can be female..Even XX is there they can be male..GOD according to our puranas is told as "AAN ALLAN PEN ALLAL ALIUM ALLAL"..KINDLY DON"T FOLLOW WESTERN STANDARDS FOR JUDGEMENT OF GOD...They are actually exploiting every of our weakness and also of our shortcomings , our financial status instead of helping that's why our cost of education increased...we are now into continuous education which make institutes to earn a lot..previously education was free ...even 8 th std person got goverment jobs in railways and banks...Since population is more they are exploiting by demanding high-fee and for only some courses employment opportunity is there..Lot of people are unemployed now..KINDLY THINK ABOUT THESE BEFORE REPLYING..I KNOW I'm not doctor but i used to read articles written by TJ people

rv

Dear Vaithehi,


I do welcome information from anyone..I might be a doctor but that does not mean I know everything and therefore I welcome you or anyone to share any info with me.

What you wrote is to a certain extent right but these days with DNA Karyotyping whenever in doubt of gender Chromosomes are checked to denote gender and as long there is presence of Y chromosome a person is classified as male.

I also see some of your personal opinion here about some XX being male....which is fine cos we never know what might be proven in the future.

I usually think before I write but since my post came across as a NON THINKING TYPES according to you..I will strive to THINK as you have ORDERED me too.

Thank you and regards.


BTW just to add in Hinduism the Supreme Self is described as neither Male,Female nor Neuter...you might want to read Avadhuta Geeta.

 

[renuka]

Vaithehi I would appreciate it if you would not add words in my quoted portion that I did not write..if you wish to add your opinion kindly indicate that those are your own words.

usually when I reply any post..I will write :My reply in blue and type below the persons words so that readers know the original text and the reply of the person who wrote it.Anyone reading the quoted portion in your post #7 might get confused who wrote what.


Regards

Originally Posted by renuka
dear Vaithehi,

When I wrote "he" I know very well that genetically most transgenders are still XY hence technically male.. those with Klinefelter Syndrome have a genetic make up of XXY but as long the Y chromosome is present the person is considered male for all practical purposes.

In hospitals Transgenders and those with Klinefelter Syndrome are admitted in the male ward and allowed only to use the male bathroom.
(These are all western std of exploitation inorder to extract money for making them fully female but they are already female ..there is no end to SRS and beauty treatment and this always make them guilty conscious of their state as woman)

So technically there is no "insult" here cos genetically they are still "he".

Yes I do admit they feel like a female within but we still have to go along the medical dictates when classifying anyone.

BTW the word HE written in caps lock style is usually used when we describe God!

 

[vaithehi]

Dear Renu,

It is neither to insult you nor your knowledge ..this is about more human feelings than considering them as mere bodies to be restricted in this classification...if i have used "NON THINKING", i'm very sorry for it...It should be right thinking...since you know so many subjects more feelings about the affected individual than me (YOU JUST SUPPORTED SEX WORKERS ALSO..in a way it is OK since they don't have any other means to live)...I KNOW THIS IS QUITE DEBATABLE AND NO END TO THIS...I FEEL I HAVE TO LEAVE IT TO YOUR DISCRETION

rv

 

[renuka]

Dear Renu,

It is neither to insult you nor your knowledge ..this is about more human feelings than considering them as mere bodies to be restricted in this classification...if i have used "NON THINKING", i'm very sorry for it...It should be right thinking...since you know so many subjects more feelings about the affected individual than me (YOU JUST SUPPORTED SEX WORKERS ALSO..in a way it is OK since they don't have any other means to live)...I KNOW THIS IS QUITE DEBATABLE AND NO END TO THIS...I FEEL I HAVE TO LEAVE IT TO YOUR DISCRETION

rv

Dear Vaithehi,

I think the confusion here is becos you tend to type in all capital letters for example you wrote KINDLY THINK ABOUT ALL THESE BEFORE REPLYING.

In internet typing..typing in all capital letters comes across as ordering someone in a shouting manner or shouting at someone.

May be you might not want to use all capital letters when typing so that no one misunderstands your post.

 

[Vaagmi]

In a landmark judgment, the Supreme Court has given recognition to transgenders as the third gender. The apex court has directed the Central and state governments to treat them as socially and economically backward classes.The governments have also been asked to provide reservation in jobs and education and provide medical facilities to transgenders.

Recognizing the transgenders as a third gender is perfectly okay. It was rather overdue. But the declaration that they are socially and economically backward class and including them in the reservation bandwagon does not appear to be a balanced decision. What is the basis for declaring them socially and economically backward? Are these people not found in every strata of the society? Simply put don't we have rich transgenders amongst us in the existing caste totem pole? In one fell stroke the court has assigned to itself the power to declare any one as belonging to a particular caste group. Tomorrow the court may declare that the old and infirm in the age bracket 65 to 75 to be backward class and include them in the reservation bandwagon. LOL.

The court said that transgenders are citizens of the country and have equal rights to education, employment and social acceptability.

No dispute on this.

While delivering the order, the SC expressed concern over discrimination and harassment of transgenders in the country and directed the governments to take remedial measures. The court said that the status of the transgenders has degenerated and the time had come for their status to be brought at par with the status of the male and the female.

No disagreement on this too.

Terming the judgement as a socially progressive one, senior lawyer Colin Gonsalves said that it was a happy day for the transgenders and the ones who have been fighting for their equality.

To me it appears to be misplaced judicial activism. There are better ways of dealing with the problem.

 

[sangom]

< snipped >


BTW just to add in Hinduism the Supreme Self is described as neither Male,Female nor Neuter...you might want to read Avadhuta Geeta.

Smt. Renuka,

The fact is, it seems to me at least, that what we like to call as the "Supreme Self" or as the "Supreme Godhead", "Parabrahman", etc., is not an anthropomorphic specimen but a Field of Life Energy which permeates the whole space. Our ancestors lacked the knowledge (and, may I say, the scientific advancement) to imagine or visualize such a "Field" and tried to explain away matters in a very confusing way. And when the Bhakti movement and the worship of idols replaced the earlier vedic religion of sacrifices where idol worship was unknown and Fire served as the only representative of the divine, the various gods and goddesses were created by human imagination. Yet, we do not have a strictly eunuch god/goddess, do we?

I started a thread here on a point of doubt in Srimad bhagavata 3 days ago; there have been 77 views but no comments so far. I think this will serve as an example of how our various scriptures were compiled in a haphazard fashion because it subserved the purposes of the three upper castes and the rest were forbidden to even hear the scriptures.

 

[P.J.]

United Nations Hails India's Supreme Court Ruling On Transgenders

United Nations Hails India's Supreme Court Ruling On Transgenders

UNITED NATIONS: The United Nations has hailed the Supreme court's ruling recognizing transgenders as a third gender, saying the "historic" decision will pave the way for reforms that will help the community get access to employment and public services.

Responding to queries on the Supreme Court judgement, Stephane Dujarric, spokesperson for UN Secretary General Ban Ki-moon, told reporters yesterday that "we welcome the historic ruling" legally upholding the rights of transgender people across India. (Transgenders are the 'third gender', rules Supreme Court.

"The decision officially recognises a third gender in law and confirms that discrimination on grounds of gender identity is impermissible under the Indian Constitution," he said.

"It should pave the way for reforms that make it easier for transgender people in India to obtain legal recognition of their gender identity, as well as access to employment and public services," Dujarric said, adding that the Office for the High Commissioner for Human Rights also welcomed the ruling. (Blog: 'Nobody wants to be exploited sexually'

In the landmark judgement, the Supreme Court recognized transgenders or eunuchs as the third category of gender and directed the Centre and state governments to grant them all facilities including voters' ID, passport and driving licenses.

The Centre and state governments were also directed to take steps to bring the community into the mainstream by providing adequate healthcare, education and employment.

United Nations Hails India's Supreme Court Ruling On Transgenders

 

[V.Balasubramani]

Third gender: Top 5 reasons why Supreme Court order is a milestone in transgender people's struggle for identity –
The Times of India

The Supreme Court order recognizing the 'third gender' is a turning point in the struggles of transgender people and other sexual minorities in the country, says L Ramakrishnan, country manager of the Solidarity and Action Against The HIV Infection in India (SAATHII), a collective of non-government organizations, and a senior organizer of the TamilNaduRainbowCoalition.

In a conversation with TOI, Ramakrishnan says this would eventually improve the social and economic status of the LGBTs (lesbian, gay, bisexual and transgender).

He highlights five points that make it a landmark order.

Read more: Third gender: Top 5 reasons why Supreme Court order is a milestone in transgender people's struggle for identity - The Times of India

 

[V.Balasubramani]

[FONT=&quot]High Court comes to the relief of ‘transsexual’ - THE HINDU [/FONT]

A woman, who was terminated from the Tamil Nadu police service last year after a medical examination report declared her a ‘transsexual,’ is set to get the job back, thanks to a Madras High Court order on Thursday.


Allowing a petition challenging the termination, the court declared the petitioner as a female for all purposes. She has right to retain such sexual/gender identity.


Setting aside the termination order, Justice S. Nagamuthu directed the police to issue the consequential order within six weeks permitting her to join duty as a Grade II Police Constable (woman) with continuity of service.



Read more: High Court comes to the relief of ?transsexual? - The Hindu

 

[V.Balasubramani]

[FONT=&quot]A special poll for transgenders[/FONT][FONT=&quot] – [/FONT][FONT=&quot]THE HINDU[/FONT][FONT=&quot][/FONT]


Happy over being recognised as the third gender by the Supreme Court, as many as 230 trans-genders cast their votes here on Thursday.

The apex All Odisha Eunuch Association had asked all 1,300 members spread across the State to exercise their democratic right.
“This is the first time we have cast our votes under the ‘others’ category. Earlier, we were casting votes in either the male or female category,” said secretary Madhuri Kinnar, who voted at the Saheed Nagar Primary School booth. Pratap Sahu, president, said the members voted enthusiastically.


The transgenders demanded the immediate setting up of a Hinjara Welfare Board and reservation for them in elections and jobs.

[FONT=&quot]

Read more: A special poll for transgenders - The Hindu[/FONT]

 

[V.Balasubramani]

Beyond male and female, the right to humanity – THE HINDU

Importantly, the Supreme Court accepted the broad definition of transgender as including persons who did not identify with the sex assigned to them at birth

The Supreme Court judgment recognising the rights of transgendered persons is a landmark ruling and restores faith in the Court’s ability to recognise gross injustice. The Bench comprising Justices K.S. Radhakrishnan and A.K. Sikri has also restored the image of the Court as capable of bold moves when it comes to addressing the denial of the right to be human simply on the basis of one’s sexual status and conduct. The Court’s progressive image was in tatters after the Suresh Kumar Kaushal v. NAZ Foundation ruling in December 2013 that re-criminalised gays and lesbians, and overruled the 2009 Delhi High Court’s decision that Section 377 of the Indian Penal Code was not applicable to consensual sexual relations between adults.

Read More: Beyond male and female, the right to humanity - The Hindu

 

[vgane]

Right decision ..The community has been harassed, faced humiliation and sidelined...Welcome this!

 

[V.Balasubramani]

Right decision ..The community has been harassed, faced humiliation and sidelined...Welcome this!

Sir,

Why this has taken this much of time? Does is it due to lack of empathy?

 

[P.J.]

Transgender Running for Parliament Election from Madurai.

On the heels of India's Supreme Court granting legal recognition to third gender citizens known as hijra, a transgender woman from southern India has set off on a campaign for a seat in Indian parliament. Bharati Kannamma, 53, is seen as the first trans candidate in a general election, running as an independent for the Madurai district in the southern state of Tamil Nadu.

Of course, she's faced a long battle for her own recognition.

Kannamma has been involved in the transgender community for quite some time, having come out in 2004, leaving her bank job to fight for rights for the trans community as well as for those in poverty. Armed with a masters degree in sociology, a four-person campaign team, and an $83/day budget, Kannamma is fighting through the world of nepotism, bribery, and general corruption that India's political world is often steeped in.

While that's an incredibly tall order from a completely grassroots candidate, Kannamma seems to be a perfect candidate to make some really game-changing moves for the LGBT community and other marginalized populations with no strings attached.

?Transgender Woman Running for Parliament in India

 

[V.Balasubramani]

We too are human beings: Transgender activist - Sify News

Source: IANS

New Delhi, April 27 (IANS) Activist and celebrity transgender Lakshmi Narayan Tripathi was lucky to have found acceptance from her parents and yet feels the Supreme Court's landmark judgment recognising a "third gender" restored her dignity - and safeguarded that of future generations of the so-called hijra or eunuch community in India.


"It is a wonderful judgment and has brought back my dignity and safeguarded dignity of the future generations of the transgender community," Tripathi, an activist of international repute who works for the community through her campaign group Astitva,. told IANS.



Read more: We too are human beings Transgender activist