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Supreme Court recognizes transgender as ‘third gender’
The Supreme Court, in a landmark judgement, has created a ‘third gender’ category for trans-gendered people. Holding that non-recognition of gender identity and discrimination on the grounds of sexual orientation amounts to discrimination under Arts 14, 15 and 16 of the constitution, the Supreme Court said that the absence of a law recognizing hijras as third gender could not be continued as a ground to discriminate them in availing equal opportunities in education and employment. The Supreme Court also declared that trans gendered persons be considered as Other Backward Classes for the purpose of reservations in education and employment. The Court also directed states and the Centre to devise social welfare schemes for the transgender community and run a public awareness campaign to erase social stigma.
The judgement was passed on a PIL filed by National Legal Services Authority, (NALSA) urging the court to give a separate identity to transgenders by recognizing them as third category of gender. You can access the entire judgement here.