Deputy Chief Election commissioner H S Brahma, has rejected the request transgender community in Maharashtra to be officially recognized as 'transgenders' or 'third gender', rather than be labeled as 'others' on electoral rolls.
The Election Commission had introduced an 'others' column along with 'male' and 'female' in electoral rolls for the 2014 Lok Sabha polls for the first time. However EC added the others category before the SC order in April 2014.
In Maharashtra, 852 persons had registered under that category and 250 voted.
The community has become more vocal after a Supreme Court order recognized transgenders or hijras, pointing out that it was one of the apex court's directives to issue government documents identifying them as transgenders or hijras.
As per the 2011 census, there are 4.9 lakh transgenders in the country, of whom 41,000 or 0.8% are in Maharashtra.
Supreme Court’s judgment on "third gender"
On 15th April 2014, the Supreme Court in a landmark judgment, created the "third gender" status for hijras or transgenders.
Earlier, they were forced to write male or female against their gender.
This is for the first time that the third gender has got a formal recognition.
The apex court passed the order on a PIL filed by National Legal Services Authority (NALSA) urging the court to give separate identity to transgenders by recognising them as third category of gender.
Highlights of this Judgement
- Centre to treat transgender as socially and economically backward.
- Transgenders will be allowed admission in educational institutions and given employment on the basis that they belonged to the third gender category.
- Absence of 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 third gender people will be considered as OBCs and they will be given educational and employment reservation as OBCs.
- States and the Centre will devise social welfare schemes for third gender community and run a public awareness campaign to erase social stigma.
- The states must construct special public toilets and departments to look into their special medical issues.
- If a person surgically changes his/her sex, then he or she is entitled to her changed sex and cannot be discriminated.
The apex court expressed concern over transgenders being harasssed and discriminated in the society and passed a slew of directions for their social welfare.
The apex court said that trangenders were respected earlier in the society but situation has changed and they now face discrimination and harassment.
It even said that section 377 of India Penal Code (IPC) is being misused by police and other authorities against them and their social and economic condition is far from satisfactory.
The bench clarified that its verdict pertains only to eunuchs and no other sections of society like gay, lesbian and bisexuals who are also considered under the umbrella term 'transgender'.
The bench said they are part and parcel of the society and the government must take steps to bring them in the main stream of society.
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