The Railways and Indian Railways Catering and Tourism Corporation Limited (IRCTC) have included “transgender/third gender” as a gender option alongside males and females in the Railway Ticket Reservation Forms.
The inclusion is in compliance with a April 2014 judgment of the Supreme Court of India in the case of National Legal Services Authority (NALSA) vs. Union of India.
What was the case about?
The Lawyers Collective, a NGO had filed an intervention, on behalf of Ms. Laxmi Narayan Tripathy, a Hijra/transgender activist.
She seeked recognition of self-identified gender of persons, either as male/female/third gender, based on their choice.
The petitioner alleged violation of Article 14, 15, 19 and 21 of the Constitution of India by the IRCTC, by non-inclusion of “transgender/third gender” as a gender option in its reservation forms.
They also demanded special coaches and reserved seats for the transgender community in all trains, for their “care and protection”.
The NALSA in its petition had also sought several directions from the Supreme Court. It includes
Granting of equal rights and protection to transgender persons
Inclusion of a third category in recording one’s sex/gender in identity documents like the election card, passport, driving license and ration card &
For admission in educational institutions, hospitals, among others.
What was the judgment?
The apex court directed the Centre and the State governments to recognise transgender as the third sex.
It also directed to provide them with the benefits accorded to socially and economically backward classes.
The Bench observed that the non-existence of law recognising transgender as the third gender could not be continued to be relied on as a ground to discriminate them in availing equal opportunities in education and employment.
It said the Centre and the State governments should
develop social welfare schemes for the transgender community
run public awareness campaigns to erase the social stigma attached to them, apart from considering carving out job reservations for them.
