The Centre has certain queries about the landmark judgement of the SC of April 2014 in which transgenders were recognised as a “third gender.” There are points to ponder in this sweeping definition of transgenders as an all-inclusive term comprising also lesbians, gays and bisexuals, however liberating the principle that has been upheld by the ruling may be. It is good that the ministry of social justice has sought clarification rather than risk taking decisions that could be questioned once again in court.
The biggest official argument in asking for clarification is the ambiguity created by the individual being given the choice of gender identity. While such freedom might be good in, say, putting up a Facebook post, it might lead to social complications as education and job reservations must also be granted as all transgenders are to be treated as socially and educationally backward. While nobody can argue against such privileges for those discriminated against for generations, issues are bound to arise.
Competitive sport has its own way: sex tests. There too, a narrow world is opening up with transgenders beginning to get into men’s teams. The issue can be tricky in jobs like security where women have to be frisked, but none is so complicated as to defy solution. A lot more thinking has to be done in defining how to bring about seamless integration of transgenders. The wisdom of the judges should be the best guide now.
