India has one of the most conservative social systems in the world. While it has progressed in giving rights to transgender individuals and those entering  inter-religious marriages, significant roadblocks remain in the form of legal provisions and social sanctions.  

Self-identification of one’s gender is not allowed. Gender identification is the prerogative of the government, assisted by an authorised medical examination.  Likewise, an inter-religious marriage is subject to State approval, which in turn is predicated on social approval. This is written into the legal system and is therefore mandatory.

According to Article 16 of the International Covenant on Civil and Political Rights (ICCPR) each person’s “self-defined sexual orientation and gender identity” is integral to his or her personality and is one of the most basic aspects of “self-determination” dignity, and freedom.

No one shall be forced to undergo medical procedures, including sex reassignment surgery, sterilisation or hormonal therapy, as a requirement for legal recognition of their gender identity.

In 2019, the Indian Supreme Court accepted that “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth.” The Court declared that the international convention is “not inconsistent with the fundamental rights in Part III of the Indian Constitution, and it can be adopted.”

The National Legal Services Authority (NALSA), which is in the Indian Supreme Court, directed the Indian and provincial governments to grant legal recognition of transgender persons’ “self-identified gender” as male, female, or third gender without requiring surgery or medical certification. 

It also directed that transgender persons be treated as a socially and educationally backward class entitled to reservations in educational institutions and public employment. 

The right to self-perceived gender identity was subsequently enshrined in section 4(2) of the Transgender Persons (Protection of Rights) Act, 2019.

But in practice, the court ruling was  observed in the breach. ureaucratic adjudication and imposition of gender identities continue. 

New Amendment Bill Passed

Complicating the matter, an Amendment Bill was passed on March 25, that doubles down on the restrictions. The bill conflates two categorically distinct concepts: sexual orientation, which concerns whom a........

© Eurasia Review