GANGA KUMARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Thus spoke their Lordships of Supreme Court of India ?

(2.) In the aforesaid backdrop, Ganga, a transgender/third gender (TG), has approached this court seeking not charity, not sympathy, but the enforcement of her rights that already stand affirmed by constitutional jurisprudence. The Supreme Court in its judgment rendered in NALSA v. Union of India; (2014) 5 SCC 438., (quoted above) unequivocally recognised transgender persons as a "third gender"; declared that their identity, dignity and autonomy are integral to the guarantees of equality, liberty and life under the Constitution and directed "the Centre and the State Governments to take steps to treat them as Socially and Educationally Backward Classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments".

(3.) India is just not a country alone, it is a civilisation. A civilisation steeped in religiosity, one where divinity is invoked in every sphere of life and sacred traditions are revered with profound devotion. Religious scriptures in India hold transgenders in immense importance, but in reality, quite often they are denied even the basic humane treatment by our society. Our mythology features several figures associated with transgender or third- gender identities, often depicted through gender transformations or androgyny. These include deities and characters like Mohini [Mohini: Vishnu's female avatar who enchanted demons during the churning of the ocean to secure the nectar of immortality for the gods; considered the first transgender figure in texts like the Mahabharata.], Ila (or Sudyumna)[Ila/Sudyumna: A king cursed to alternate between male and female forms monthly, marrying Buddha while female and losing memory of the other gender.], Arjuna (as Brihannala)[Brihannala (Arjuna): Arjuna lived as a eunuch dancer in King Virata's court during exile, embodying a third-gender role akin to hijras.], and Ardhanarishvara [Ardhanarishvara: Shiva and Parvati's half-male, half-female form, symbolizing gender unity; sometimes linked to transgender themes in modern interpretations.]. Certain deities are actively worshipped, especially by transgender communities. Bahuchara Mata [A form of Shakti, is the patron goddess of hijra community.] has devotees (including those who self-castrate) seeking her blessings at temples like in Gujarat through festivals, vows, and rituals. Other figures like Angalamma [A fierce guardian deity and a powerful manifestation of Goddess Parvati, holds central significance for the Thirunangai (Tamil Transgender/transfeminine) community. (Enrouteindianhistory.com)] and Yellamma [Revered Hindu mother goddess (Shakti), revered as a patron deity by the Jogappa community, a traditional transgender group in Karnataka and Maharashtra. (Enrouteindianhistory.com)] also receive devotion, especially from transgender groups, viewing them as protective and auspicious.