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Indian Supreme Court legally recognises transgender people for the first time

  • Joe McDougall

    Pretty surprising for a country that recently criminalised gay sex

  • rapture

    In a year or 2 , they will probably change their mind again ,like with their chaotic re-criminalisation of homosexuality.

    • justasupporter

      No, they won’t. Because this was the Supreme Court, the highest court in India. That re-criminalisation that you talk about was a lower court’s decision being overturned by a higher court. There is no scope for that here, since this verdict is by the highest court itself. Also, I believe the ‘re-criminalisation’ was done by the SC with the intention of getting the stupid colonial law repealed once and for all – this can only be done by the legislature.

      • Akshay

        This is partly incorrect. The Delhi High Court had de-criminalised honosexuality. However, a 2 judge bench of the Supreme Court re-criminalised it. Their reasoning was that it was the job of the legislature to amend and update colonial laws that criminalised it in the first place. On the bright side, this judgment is not final and can be appealed before a larger bench of the Supreme Court, which is precisely what recently happened. The Chief Justice of India agreed to constitute an appropriate bench to reconsider the judgment that criminalised homosexuality, through a curative petition. It is very very likely that homosexuality is de-criminalised by the supreme court for being violative of our very constitution and the law is also likely to be amended by the legislature. We can expect change to come very soon!

        On the question of the rights of transgenders, yes, that too can be overturned and appealed before a larger bench. However, that happening is extremely unlikely as there was consensus between that judiciary, the legislature and public perception that there was no reason for transgenders to be denied their constitutional liberties and privileges. Homosexuality too will be recognised as ‘natural’ and will be de-criminalised soon than we think! I look forward to that day!

  • gingerlycolors

    Next step is to permanently repeal the law criminalizing homosexuality.

  • Tiger Lily

    Woo! LGBT rights goes another step forward in India :)

  • anon

    UK needs this.

  • Harsha Anu

    Hey Transgender and Hijra are different,But in INDIA Hijaras=Transgenders,what is this? Hijaras Identify themselves as neither male nor female and i agree it is in the umbrella term but we are also there. MTF, FTM and we want our sex identified as Female who are Male To Female and respectively want to Identified as Male who are Female to Male. Please people Don’t take us or treat us in Third Gender.

    • Amir

      Three choices, male (M), female (F), transgender (MTF, FTM). You are transgender and now you have that option. It is what you are. It is reality. A FTM is different from a F, and a MTF is different from a M.

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