Script

Voice Over : (For long the transgender community or the TG community in which the
‘Transgender’ is an umbrella term which has been sidelined by the community and have been
tormented and discriminated. These people have continuously faced abuse and violation.
Have you wondered why? Just because they do not come under the universally recognized
genders. It is sad to know that they are tortured and face multiple forms of oppressions in the
country. They are shunned and defamed by the society and are considered as untouchables
and the sad part is that they are treated as the liability and pain to the nation.

A petition was filed by the National Legal Service Authority (NALSA) in the year 2013 who
was the primary petitioner which provides free legal aid to the disadvantaged and
unprivileged sections of the society and resorts to solve their grievances.

The organisation works for the betterment of the society and thus the petition was filed so
that Transgender can be recognised as a third gender in the eyes of the law other than the
binary genders i.e. male and female. Poojaya Mata Nasib Kaur Ji Women Welfare Society
who filed a writ petition and Laxmi Narayan Tripathy who is renowned Hijra activist also
filed a petition.)

Scene 1
Judges arrive and then everyone settles down

Judge 1- Everyone maybe seated. The court is now in session, we are listening to the case
National Legal Service Authority vs Union of India and Ors. The petition no. 400 of 2012
and 604 of 2013

Judge 1 – Are the petitioners ready?

Petitioner Counsel – Yes, your lordship.

Judge 2 – Is the respondent ready?

Respondent’s Counsel – Yes, your lordship.

Judge 1 - Okay. We will now hear opening statements from the Petitioner.

Petitioners’ Counsel – Much obliged, My Lord. I, with my co-counsel will be representing

Seldom, our society realizes or cares to realize the trauma, agony and pain which the
members of Transgender community undergo, nor appreciates the innate feelings of the
members of the Transgender community, especially of those whose mind and body disown
their biological sex. Our society often ridicules and abuses the Transgender community and
in public places like railway stations, bus stands, schools, workplaces, malls, theatres,
hospitals, they are side-lined and treated as untouchables, forgetting the fact that the moral
failure lies in the society’s unwillingness to contain or embrace different gender identities and
expressions, a mind-set which we have to change.

We are concerned with the grievances of the members of Transgender Community who seek
a legal declaration of their gender identity. That would be all for a while your honour.

Judge 2 - Okay. We will now hear opening statements from the Respondent.

Respondent’s Counsel – Much obliged, My Lord. I will be representing the Union of India
in the said matter.

The problems highlighted by the transgender community are sensitive human issues, which
calls for serious attention. Under the aegis of the Ministry of Social Justice and
Empowerment (for short “MOSJE”), a Committee, called “Expert Committee on Issues
relating to Transgender”, has been constituted to conduct an in-depth study of the problems
relating to transgender persons to make appropriate recommendations to MOSJE.

That’s all for the time being my lord.

Judge 2 – The court is of the opinion that the issue raised is of serious concern and hence, the
petitions are hereby accepted by the court.

Petitioners’ Counsel – With the due permission of your lordship I would like to ask my co-
counsel to highlight the trauma undergone by Tripathy from Tripathy’s birth by quoting
Tripathy’s own words.

Judge 2- Permission granted.

Petitioners’ Co-counsel - The Applicant was born as a male. Growing up as a child, she felt
different from the boys of her age and was feminine in her ways. On account of her
femininity, from an early age, she faced repeated sexual harassment, molestation and sexual
abuse, both within and outside the family. Due to her being different, she was isolated and
had no one to talk to or express her feelings while she was coming to terms with her identity.
She was constantly abused by everyone as a ‘chakka’ and ‘hijra’. Though she felt that there
was no place for her in society, she did not succumb to the prejudice. She started to dress and
appear in public in women’s clothing in her late teens but she did not identify as a woman.
Later, she joined the Hijra community in Mumbai as she identified with the other hijras and
for the first time in her life, she felt at home.

That being a hijra, the Applicant has faced serious discrimination throughout her life because
of her gender identity. It has been clear to the Applicant that the complete non-recognition of
the identity of hijras/transgender persons by the State has resulted in the violation of most of
the fundamental rights guaranteed to them under the Constitution of India

Petitioners’ Counsel 1 – Your lordship I would like to tell the court that the Shri T. Srinivasa
Murthy, learned counsel submitted that transgender persons have to be declared as a socially
and educationally backward classes of citizens and must be accorded all benefits available to
that class of persons, which are being extended to male and female genders. Learned counsel
also submitted that the right to choose one’s gender identity is integral to the right to lead a
life with dignity, which is undoubtedly guaranteed by Article 21 of the Constitution of India.

Petitioner’s Counsel 2 – My Lord the Kinnar community is the most deprived group of
transgenders and calls for constitutional as well as legal protection for their identity and for
other socio-economic benefits, which are otherwise extended to the members of the male and
female genders in the community.

Petitioner’s Counsel 1 – My Lord According to Article 14 of the Indian Constitution no

Petitioners’ Counsel 2- My Lord I would like to tell the court that Article 19 of the Indian
constitution which guarantees citizens freedom of speech, form associations or unions, to
meet peacefully without any arms etc. is also being violated over here and is perhaps one of
the most important right which is being violated. Many times we can see that transgenders
don’t get to dress the way they like as it’s against the culture of our country. This right
includes the right to expression of one’s self-identified gender. This expression may be done
through dress, words, action or behaviour or any other manner.

Petitioners’ Counsel 1 - And My Lord finally article 21 of our Indian constitution which is
the most extensive right guarantees citizens the right to personal life and liberty i.e. no person
shall be deprived of his life and personal liberty except by law. Transgenders have every right
to live their life in a dignified and a respectful way. It also includes right to live with human
dignity. Expression of oneself with respect to a gender which is self-recognized is an
important part of Article 21.

Petitioners’ Counsel 1 – My Lord Article 16 is also being violated which says that there
should be equal opportunities to all citizens. No person shall, on grounds only of religion,
race, caste, sex, descent, place of birth, residence etc. be discriminated. Thus, these are my
reasons for treating TG’s as ‘third gender’ for the purposes of safeguarding and enforcing
appropriately their rights guaranteed under the Constitution. These are my reasons in support
of our Constitution to the two issues in these petitions.

Judgement scene:
A.K. SIKRI – After examining all the facts presented by the counsels, the honourable court
has come to the final conclusion that:

Hijras, Eunuchs, apart from the binary gender be treated as “third gender” for safeguarding
their rights under part III of our constitution.
K.S. Radhakrishnan – We direct the Centre and the State Governments to take steps to treat
transgender persons as socially and educationally backward classes of citizens and extend
reservation in cases of admission in educational institutions and for public appointments.

A.K. SIKRI – Centre and the State Governments should seriously address the problems
being faced by them such as fear shame, gender dysphoria, depression, social pressure,
suicidal tendencies etc.

K.S. Radhakrishnan – Centre and the State Governments should take proper measures to
provide medical care to TGs in hospitals and provide them with separate public toilets.

A.K. SIKRI – Centre and the State Governments should take steps to frame various social
welfare schemes for their betterment.

K.S. Radhakrishnan – we are informed that an Expert Committee has already been
constituted to make an in-depth study of the problems faced by the Transgender community
and suggest measures that can be taken by the government. They are asked to submit a report
with recommendations within three months of its constitution. And to be implemented within
six months.

A.K. SIKRI – The Writ Petitions are, accordingly, allowed, as above.