The Tuesday Column: Right To Equality From The Prism Of The Third Gender
6 years, 6 months ago

The Tuesday Column: Right To Equality From The Prism Of The Third Gender

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Socio-economic rights under our Constitution have been relegated to the non-justiciable category of the Directive Principle of State Policy. It is in this context, I applaud, the Hon’ble Supreme Court of India, that in the historic judgment of National Legal Services Authority vs. UOI, not only, held the state obliged under Article 14 & 19 of the Constitution to recognise a third gender, but also held the state liable to recognise the third gender as socially and economically backward and entitled to all state policies as were applicable for the benefit of the socially and economically backward sections of society. The recognition by the bench of Justice Sikri and Justice Radhakrishnan that without economic empowerment and social inclusion, the mere recognition of the third gender would not guarantee them a life of dignity and self-expression is the truly dynamic aspect of this judgment, which has made the Directive Principles of State Policy the foundation for the enjoyment of fundamental rights. The Hon’ble Supreme Court, by way of this historic judgment, gave the following directions: Hijras, eunuchs, apart from binary gender, be treated as “third gender” for the purpose of safeguarding their rights under Part III of our Constitution and the laws made by the Parliament and the State Legislature. It is time to revisit the judgment of NALSA vs. UOI and demand that the state fully implement all of the directions of the Hon’ble Supreme Court to ensure that persons of the third gender are not just re-nomenclature but are truly empowered.” Nandita Rao is an Advocate at Delhi High Court.

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