Landmark Verdict for Transgender Indians

[ismnotwasm]

“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/

[MadrasT]

1. This is interesting because it's exactly what I want

Transgender people will now have the option to identify as a third gender in official documents, including passports and identification cards, the court said.

I would love having the option to not choose either male or female, but something that is neither.

However, I wonder if they will they allow someone biologically born female bodied to choose "male", or would that person have to choose the 3rd option? (Is the third option a catchall for anybody who doesn't want to choose the gender associated with their gender assigned at birth based on biology?)

IF you can choose any of the three with no restriction, this is great.

But IF they are dumping everyone who chooses to NOT IDENTIFY as the gender they were assigned at birth into the 3rd "other" category, not so cool.

(In other words, I feel a person assigned female at birth who now identifies as male should not be forced to "otherize" themselves into the 3rd category, they should be able to choose "Male".) (Also of course same in reverse for born/assigned male, now identifies as female.)

For me, I would LOVE LOVE LOVE having a 3rd category available. It is painful to be forced to choose one or the other when I don't recognize gender as a binary thing. It feels like a lie every time I check off the "F" box just because it matches my body.

My essential response to "Male or Female?" (for me) is just "No."

[ismnotwasm]

2. It's never been binary

Someday I'll get out my books- one essay identifies at least 5 distinct genders, and plumbing has not much to do with it. ( although it can, in tho pose born with AIS or anomalous genitals.