Why not deem transgenders the third sex, SC asks govt

TIMES NEWS NETWORK 

New Delhi: The Supreme Court on Monday asked the Centre and states what could be done to give back the historically and culturally deprived transgenders their fundamental rights and whether they could be categorized as the third sex after male and females. 
    A bench comprising Justices K S Radhakrishnan and Dipak Misra termed the deprivation of transgenders a serious matter and issued notices to the governments after hearing brief arguments from senior advocate L Nageshwar Rao, who appeared for the petitioner, National Legal Services Authority (Nalsa). Discharging its obligation under Section 4(d) of Legal Services Authority Act, 1987, mandating the body to initiate ‘social justice litigation’, Nalsa said, “Transgenders are deprived of social and cultural participation, are shunned by family and society, have only restricted access to education, health services and public spaces, restricted rights to marry, right to contest elections, right to vote, employment and livelihood opportunities.” 
    “The transgender community, generally known as hijras in India, is treated by society as unnatural and generally as objects of ridicule and even fear on account of superstition. The community is treated as a legal non-entity in violation of rights to equality, non-discrimination, equal opportunity and right to life guaranteed Article 14, 15, 16 and 21 of the Constitution,” Nalsa said in its petition. 
    Their discrimination based on their class and gender made the transgender community one of the most deprived and disempowered groups in the Indian society, it said. 
    “In view of the constitutional guarantees, the transgender community is entitled to basic rights that is right to personal liberty, dignity, freedom of expression, right to education and empowerment, right against violence, discrimination and exploitation and right to work,” Nalsa said.


Source::::: The Times of India, 02-10-2012, p.11. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW