NALSA v. UoI: The Supreme Court on transsexuals, and the future of Koushal v. Naz

How the NALSA vs Union of India judgement affects the previous Koushal vs Naz judgement.

Indian Constitutional Law and Philosophy

Today, in NALSA v. UoIthe Supreme Court issued a landmark ruling recognising transsexuals as a third gender, and upholding their rights to equality (Article 14), non-discrimination (Article 15), expression (Article 19(1)(a) and autonomy (Article 21). The judgment involves a wide-ranging discussion of international law and domestic legislation in other countries, engages reams of evidence of actual discrimination against transsexuals in Indian society, and discusses the idea of human rights. It also, as I shall argue, entirely destroys the foundation of Koushal v. Naz, last December’s decision on LGBT rights.

In Paragraph 11 of the case, Justice Radhakrishnan defines “transgender” as an “umbrella term for persons whose gender identity, gender expression or behavior does not conform to their biological sex.” After a brief historical excursion into the history of the transgender community in India, he observes, in Paragraph 17, that S. 377 was brought in at at time…

View original post 1,648 more words

Transgender Awareness Week #TransWk: Monday’s info

The Trans Scribe

As the infographic below says, “With more visibility comes more understanding.” This is what Transgender Awareness Week is all about.

In order to add to that visibility, I’m going to blog about a different trans hero of mine every day this week. As I have said before, the news headlines about transgender people tend to make for pretty bleak reading. This week, therefore, I want to focus on those members of the trans community who have positive stories to tell for themselves and for others like them.

TransWk1

View original post

Transgender Awareness Week #TransWk: Tuesday’s info

The Trans Scribe

To me, the infographic below is common sense but you’d be amazed at how many people think some of the language in red is acceptable. I recently had an incident involving language with a journalist writing about my recent novel. The idea of the “LGBT community” was completely foreign to her and I had to do some educating – not that I think she really got it even after I tried to explain. If someone working in the media doesn’t get it, there isn’t much hope for your average guy or girl. It is easy to forget that for lots and lots of people “gay” is still quite a novelty that flusters them – just imagine how exotic “trans” is for them!

TransWk2

View original post

Transgender Awareness Week #TransWk: Wednesday’s info

The Trans Scribe

This infographic is USA-centric but the proportions probably hold true for most countries. The last stat on the infographic is probably the most shameful and, as anyone who follows the news on trans issues knows, not only are trans people not taken seriously when they complain about discrimination, they are also often not taken seriously when they complain to the authorities about physical or verbal assault/abuse. Worse, one could also add that often times the discrimination that trans people are subjected to comes from the authorities and government departments.

TransWk3

View original post