Difference between Transgender
and Third gender
Transgender-Is a state in which a person’s
gender identity does not match with his/her
Third gender-A male who has physiological
feminine gender identity.
Chapter XVI, Section 377 of the Indian Penal Codedating back to
1860,introduced during the British rule of India, criminalises sexual
activities "against the order of nature", arguably including homosexual acts.
A historic judgement delivered on 2 Jul 2009, Delhi High Court
overturned the 150 year old section,legalising consensual homosexual
activities between adults.[The essence of the section goes against the
fundamental right of human citizens, stated the high court while striking it
down. In a 105-page judgement, a bench of Chief Justice Ajit Prakash
Shah and Justice S Muralidhar said that if not amended, section 377 of
the IPC would violate Article 14 of the Indian constitution, which states
that every citizen has equal opportunity of life and is equal before law.
On 11 December 2013, the Supreme Court of India ruled homosexuality to
be a criminal offence setting aside the 2009 judgement given by the Delhi
High Court. In its judgment the Supreme court bench of justices G. S.
Singhvi and S. J. Mukhopadhaya stated —
"In view of the above discussion, we hold that Section 377 IPC does not
suffer from the vice of unconstitutionality and the declaration made by the
Division Bench of the High court is legally unsustainable."
Third Gender rights
The Tamil Nadu state in India was the first state to introduce a transgender (hijra/
aravani) welfare policy. According to the transgender welfare policy transgender
people can access free Sex Reassignment Surgery (SRS) in the Government
Hospital; free housing program; various citizenship documents; admission in
government colleges with full scholarship for higher studies; alternative sources of
livelihood through formation of self-help groups (for savings) and initiating income-
generation programmes (IGP).
Tamil Nadu was also the first state to form a Transgender Welfare Board with
representatives from the transgender community.
They were legally granted voting rights as a third sex in 1994
They were counted first time in census 2000.
On15 April 2014, the supreme court of India ruled that transgender
people would be recognised on official documents under a seperate
"third gender" category
Highlights points that make it a landmark order.
The right to choose gender
Transgender falls primarily under two categories. They are, some who
are born male and live the life of a female; and others who are born
female, but live the life of a male.
Apart from an Aadhaar card and a few other government documents,
there were no options to declare a 'third gender.' The SC order,
reiterating that the gender identity is a right to be determined solely
by that person, has now given three options.
For a transgender filling up an application form, the right of choice
may be any of the three genders (male / female/ the third gender).
Improving the social status
The Supreme Court order ensures reservation for the third gender
under the OBC category to pursue education or for any government
As it does for backward communities, this reservation would play a
crucial role in improving their social status. Presently a large
number of sexual minorities in the country are forced into sex work
and denied a dignified place in their families and workplaces.
Chennai-based Sahodaran, an organization for transgender people,
estimates that almost 75% of over 1,000 transgender people in the
city are forced to do sex work for livelihood) .
Sexual orientation to be protected
The decision to create a third gender and recognize it officially
would also benefit other sexual minorities such as lesbians,
homosexuals and bisexuals.
The SC order clarifies that not only the gender identity but the
sexual orientation of individuals will also be protected.
Goodbye to sex reassignment surgery
With this order, one doesn't have to undergo a sex reassignment surgery
to prove his or her gender.
The desire to imitate or to pass for the other sex is often crucial in the
identity of a transgender. The government of Tamil Nadu, a pioneer in
implementing several progressive and social welfare health programmes
for transgender community, also conducts free sex reassignment
surgeries in its hospitals.
Greater social acceptance
The order could pave way to breaking down of barriers of social, legal
and gender discrimination, and the sexual minorities would gain a
greater acceptance. Issues such as denial of admissions to schools,
colleges and employment opportunities in the private sector would be
addressed by creating awareness on the rights of sexual minorities on
the strength of the SC order.
While a majority of the private sector companies remain indifferent to
the above minorities' populace, IBM, Goldman Sachs and Google have
taken measures to address the needs of LGBT employees as part of
making the workplace more inclusive.
Shabnam Mausi is the first transgender Indian or hijra to be elected to public
office. She was an elected member of the Madhya Pradesh State Legislative
Assembly from 1998 to 2003.In 2000 Shabnam Mausi became India's first
Swapna is the first trans person to clear TNPSC Group IV exams
First transgender news anchor padmini prakesh.