Committee submitted its report on Transgenders
An Expert Committee was constituted in the Ministry to make an in-depth study of the problems being faced by the Transgender Community and suggest suitable measures to ameliorate their problems. The Committee submitted its report on 27th January, 2014. The recommendations of the Expert Committee have been forwarded to all the State Governments/UT Administrations for taking appropriate action. Responses from sixteen States/UTs have so far been received in the Ministry.
Who are transgender people?
Transgender people are individuals of any age or sex whose appearance, personal
characteristics, or behaviors differ from stereotypes about how men and women are
“supposed” to be. Transgender people have existed in every culture, race, and class since the story of human life has been recorded. Only the term “transgender” and the medical
technology available to transsexual people are new. In its broadest sense, transgender
encompasses anyone whose identity or behaviour falls outside of stereotypical gender norms. The Supreme Court judgement on Transgender Rights
This judgement covers persons who want to identify with the third gender as well as persons who want a transition from one identity to another, i.e. to male to female or vice versa. The Court has directed Centre and State Governments to grant legal recognition of gender identity whether it be male, female or third gender.
• Legal Recognition for Third Gender: In recognizing the third gender category, the Court ruled that fundamental rights are available to the third gender in the same manner as they are to males and females. Further, non-recognition of third gender in both criminal and civil statutes such as those relating to marriage, adoption, divorce, etc is discriminatory to the third gender.
• Legal Recognition for people transitioning within male/female binary: As for how the actual procedure of recognition will happen, the Court merely states that they prefer to follow the psyche of the person and use the ‘Psychological Test’ as opposed to the ‘Biological Test’. They also declare that insisting on Sex Reassignment Surgery (SRS) as a condition for changing one's gender is illegal.
• Public Health and Sanitation : Centre and State Governments have been directed to take proper measures to provide medical care to Transgender people in the hospitals and also provide them separate public toilets and other facilities. Further, they have been directed to operate separate HIV/ Sero-surveillance measures for Transgenders.
• Socio-Economic Rights : Centre and State Governments have been asked to provide the community various social welfare schemes and to treat the community as socially and economically backward classes. They have also been asked to extend reservation in educational institutions and for public appointments.
• Stigma and Public Awareness : These are the broadest directions - Center and State Governments are asked to take steps to create public awareness so that Transgender people will feel that they are also part and parcel of the social life and not be treated as untouchables; take measures to regain their respect and place in society; and seriously address the problems such as fear, shame, gender dysphoria, social pressure, depression, suicidal tendencies, and social stigma.







