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Synopsis

The Delhi High Court on Wednesday asked the Delhi Government to consider representation seeking legal recognition of the transgender community as the third gender in bus tickets issued by the bus conductor and to provide free travel for them in buses operated by the Delhi Transport Corporation.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of the plea directing the Delhi Government to consider the representation positively within 4 months.

The bench was hearing a plea filed by Amit Juyal through Advocate Amit George stating that the DTC in the physical tickets issued by it for commutation in the buses run by it, recognizes two genders, male and female, and currently, there is no recognition of the persons under the transgender community, in bus passes, though such persons should ideally be recognized as the third gender, inasmuch as they identify themselves as at gender, separate and distinct from male and female.

"As a result, the members of the TG community out of compulsion, though reluctantly, have to choose between the two genders for traveling on the said buses," the plea added.

Furthermore, the plea submitted that the misery of the members of the transgender community is further enhanced, when the bus conductor on a routine basis berates such persons for choosing the female gender, as the conductor accuses them of trying to procure free bus tickets.

In view of the above, the plea argued that the transgender community has the right to decide their self-identified gender and the Centre and State Governments are mandated to grant legal recognition to their gender identity as categorically stated by the Supreme Court in National Legal Services Authority v. Union of India and Others.

Additionally, it was argued that providing cost-free travel to persons belonging to the transgender community in DTC buses would be a promotion of social equality as the community has always been shunned by society and treated as a community of untouchables.

Cade Title: Amit Juyal Vs. Govt. of NCT of Delhi & Anr.