HC verdict too failed to deliver justice to third gender

Nagpur: In April 2014, the Supreme Court upheld the identity and rights of the third gender in a landmark judgment. However, most of these rights still remain on paper, forcing members of the third gender to consider legal measures to get the decision implemented.
A workshop on the judgement and all issues related to it was conducted by city-based Sarathi Trust, with the help of Chennai’s Voluntary Health Services CSS.Transgender community leader Uttam Baba Senapati, transgender Vidya Kamble, lawyer Prashant Sathianathan and Anand Chandrani from Sarathi Trust were the resource persons during the workshop.
Sathianathan started by recounting the descriptions of transgender people in the epics, saying that the community has always been held in high regard by Indian society. “Even the court had pointed this out when delivering the judgement, which asked all state governments to devise welfare schemes for those belonging to the third gender in the next six months,” he said.
“Discrimination against transgender starts from the family. All other issues like sexual harassment during teenage years are because of lack of support and protection from the family. As they grow up, they face discrimination at hospitals, fail to get a shelter or economic stability,” said Kamble.
Senapati said that their group has been trying to make the local civic authorities work towards the betterment of the transgender community, but to no avail. She said that the group was now considering filing a contempt of court petition against the state government.
Senapati also pointed out how there are still no separate toilets, pension policy or an option to mark them as third gender in any official document. She insisted that the sex reassignment surgery that transgenders go through must be provided at concessional rates at government hospitals.
“One-and-a-half years since the judgement, there is still no improvement in the lives of transgenders, at least in Maharashtra. We do not have even basic facility like toilets,” said Chandrani. He pointed out that open defecation is as dangerous for the third gender as it is for women, but is never discussed.
PROVISIONS OF NALSA JUDGEMENT
All major documents to have third gender option, with the idea of bringing members of the community into mainstream
Recognition of third gender as other backward classes, and provision of associated educational and employment opportunities
Central and state governments asked to devise social welfare schemes for members of third gender and take care of medical requirements
Government asked to run public awareness campaigns aimed at removing social stigma and discrimination against hijras and transgenders
Separate facilities for third gender in public toilets, hospitals and other such places