Indian third gender gets independent identity in enumeration process of Indian election commission

Chennai, Nov. 2009: Indian election commission recently made provision for transgenders, transsexuals and intersex to mark their identity as ‘O’ (Others) in the forms and voter lists given out by the commission. The third sex in the country, the population of which is considered to run into several lakhs, is not considered as a separate category in census-taking of the country. Election Commission’s announcement came in the wake of Delhi High Court’s verdict last July, decriminalizing gay sex and nullifying section 377 of Indian Penal Code (IPC) which criminalized anything other than heterosexual behaviour. As gay activists celebrated their victory, an Indian astrologer challenged the Delhi high court judgment in the Supreme Court. While Delhi high court’s reading down of section 377 is valid in its zone, the Supreme Court’s final word is also likely to be in favour of decriminalizing gay sex as the arguments of the Delhi high court are considered very powerful by legal experts. In such a backdrop, though the third sex had voting rights in the country, the category has to either identify them as either male or female during the enumeration processes of the government including that of the election commission. With the new announcement, the third sex in the country can proudly declare their identity in their elector’s photo identity cards (EPIC). Gay activists across the country have welcomed the move of the Indian election commission. They call this as another step in their journey for political empowerment. Kalki, a Chennai-based transgender activist, said the Indian election commission’s idea of giving an independent identity to the third gender should be followed up by other government departments in the country. Transgenders and other sexual minorities in India are marginalised from the mainstream society and given a raw deal when it comes to social justice. They have been driven to sex work and other unlawful activities as the mainstream orthodox Indian society does not understand or entertain their desires or aspirations.