“This is an extremely liberal and progressive decision that takes into consideration the ground realities for transgendered people in India,” said Anitha Shenoy, a lawyer who helped argue the case. “The court says your identity will be based not on your biology but on what you choose to be. That choice will be respected.”

The judgment, released online Tuesday afternoon, emphasized the country’s history of discrimination against transgender people. India’s roughly three million transgender people are particularly vulnerable to public harassment, violence and sexual assault, sometimes at the hands of police, the court said.

Among India’s transgender communities, the hijra community is perhaps most prominent. The presence of a hijra at a wedding or birthday party is considered auspicious, but they remain deeply marginalized by mainstream society.

In recognition of this abuse, the court directed federal and state governments to address the “fear, shame, gender dysphoria, social pressure” and depression that afflict India’s transgender community. It also said transgender people should have access to separate public toilet facilities.


http://blogs.wsj.com/indiarealtime/2014/04/15/supreme-court-recognizes-transgendered-indians/