1. Recognition of third gender.
2. Recognition of people who identify in the opposite sex based on self-identification. Includes female identifying as male and male identifying as female.
3. Non-recognition of gender identity amounts to discrimination under Arts  14, 15 and 16.
4. Discrimination on the ground of sexual orientation and gender identity amounts to discrimination on the ground of sex under Art  15.
5. No SRS required for recogntition of gender identity.
6. Persons gender identity based on their choice is protected under the constitution.
7. A series of directions have been given to the Centre and States based on the above.




Dhananjay Mahapatra,TNN | Apr 15, 2014,

NEW DELHI: In a landmark judgment, the Supreme Court on Tuesday created the “third gender” status for hijras or transgenders. Earlier, they were forced to write male or female against their gender.The SC asked the Centre to treat transgender as socially and economically backward.The apex court said that transgenders will be allowed admission in educational institutions and given employment on the basis that they belonged to the third gender category.

The SC said absence of law recognizing hijras as third gender could not be continued as a ground to discriminate them in availing equal opportunities in education and employment.

This is for the first time that the third gender has got a formal recognition. The third gender people will be considered as OBCs, the SC said.

The SC said they will be given educational and employment reservation as OBCs.

The apex court also said states and the Centre will devise social welfare schemes for third gender community and run a public awareness campaign to erase social stigma.

The SC said the states must construct special public toilets and departments to look into their special medical issues.

The SC also added that if a person surgically changes his/her sex, then he or she is entitled to her changed sex and can not be discriminated.

“Recognition of transgenders as a third gender is not a social or medical issue but a human rights issue,” the court said today, asking the Centre to treat transgenders as “socially and economically backward”, to enable them to get reservations in jobs and education.”Transgenders are also citizens of India. It is the right of every human being to choose their gender. The spirit of the Constitution is to provide equal opportunity to every citizens to grow and attain their potential, irrespective of caste, religion or gender,” the court said.The case was filed in 2012 by a group of petitioners including prominent eunuch and activist Laxmi Narayan Tripathi seeking equal rights for the transgender population under the law.

The court expressed concern at the discrimination and said the Centre and states must work to raise awareness and end any perceived stigma. This ruling comes four months after the same court reinstated a colonial-era ban on gay sex, in a widely criticised decision.

Gay sex had been effectively legalised in 2009 when the Delhi High Court ruled that a section of the penal code prohibiting “carnal intercourse against the order of nature” was an infringement of fundamental rights.

Former Election Commission SY Quraishi said, “When the Election Commission recognised transgender as the ‘other’ gender besides male and female, one million of them got empowered. The Supreme Court has endorsed it.”

The Election Commission had issued voters’ cards for the first time to transgenders last year.

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