Human Rights Watch praises India for setting example in "recognizing" third gender, cites Dutch court reference

Bhumika Shrestha, a Nepalese transgender woman,
listed male in citizenship certificate, 2011

By A Representative
One of the world’s top rights bodies, Human Rights Watch (HRW), has praised India, along with Nepal, for setting an example for “recognizing” the third gender. HRW’s South Asia director Meenakshi Ganguly, referring to a Netherlands court citing cases in India and Nepal, has said, “South Asia’s third gender court judgments” have set an example in in this regard.
According to Ganguly, “A Netherlands district court cited Supreme Court judgments from India and Nepal when it ruled the Dutch legislature should provide a way for citizens to legally identify as neither male nor female if they prefer.”
Ganguly says, “The Supreme Court of Nepal ruled in 2007 in Pant v Nepal that the government must create a legal category for people who identify as neither male nor female. Crucially, the judgment dictated that the ability to get documents bearing a third gender should be based on “self-feeling.”
She adds, “Nepal’s LGBT activists were particularly pioneering, given that no other country before Nepal had developed an identity-based legal recognition procedure for transgender people at the time.”
As for India, Ganguly says, “In 2014, the Supreme Court ruled in NALSA v. India that transgender people should be legally recognized according to their gender identity – including if that identity was a third category other than male and female.”
“Both the India and Nepal cases – as well as the new Dutch judgment – cite the Yogyakarta Principles, a 2006 codification of binding international human rights standards related to sexual orientation and gender identity”, Ganguly says.
Its Principle 3 says, “Each person’s self-defined sexual orientation and gender identity is integral to their personality and is one of the most basic aspects of self-determination, dignity, and freedom.”
Believes the senior human rights activist, “The Dutch judgment is the latest affirmation that South Asia’s principled and tenacious activists, lawyers, and judges continue to influence the world. Governments in the region now have an opportunity to set a further example by ensuring these rulings are fully enforced and third gender legal recognition is available to everyone who seeks it.
At the same time, Ganguly regrets, “Other countries in the region – namely Bangladesh and Pakistan – now legally recognize more than two genders in some way. But while legal proclamations there have been promising, implementation has been piecemeal.”

Comments

'Threat to farmers’ rights': New seeds Bill sparks fears of rising corporate control

By Bharat Dogra As debate intensifies over a new seeds bill, groups working on farmers’ seed rights, seed sovereignty and rural self-reliance have raised serious concerns about the proposed legislation. To understand these anxieties, it is important to recognise a global trend: growing control of the seed sector by a handful of multinational companies. This trend risks extending corporate dominance across food and farming systems, jeopardising the livelihoods and rights of small farmers and raising serious ecological and health concerns. The pending bill must be assessed within this broader context.

Delhi Jal Board under fire as CAG finds 55% groundwater unfit for consumption

By A Representative A Comptroller and Auditor General (CAG) of India audit report tabled in the Delhi Legislative Assembly on 7 January 2026 has revealed alarming lapses in the quality and safety of drinking water supplied by the Delhi Jal Board (DJB), raising serious public health concerns for residents of the capital.

Zhou Enlai: The enigmatic premier who stabilized chaos—at what cost?

By Harsh Thakor* Zhou Enlai (1898–1976) served as the first Premier of the People's Republic of China (PRC) from 1949 until his death and as Foreign Minister from 1949 to 1958. He played a central role in the Chinese Communist Party (CCP) for over five decades, contributing to its organization, military efforts, diplomacy, and governance. His tenure spanned key events including the Long March, World War II alliances, the founding of the PRC, the Korean War, and the Cultural Revolution.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra* The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Advocacy group decries 'hyper-centralization' as States’ share of health funds plummets

By A Representative In a major pre-budget mobilization, the Jan Swasthya Abhiyan (JSA), India’s leading public health advocacy network, has issued a sharp critique of the Union government’s health spending and demanded a doubling of the health budget for the upcoming 2026-27 fiscal year.

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Why economic war waged by US has created the situation for Iran's turmoil

By Vijay Prashad Iran is in turmoil. Across the country, there have been protests of different magnitudes, with violence on the increase with both protesters and police finding themselves in the morgue. What began as work stoppages and inflation protests drew together a range of discontent, with women and young people frustrated with a system unable to secure their livelihood. Iran has been under prolonged economic siege and has been attacked directly by Israel and the United States not only within its borders, but across West Asia (including in its diplomatic enclaves in Syria). This economic war waged by the United States has created the situation for this turmoil, but the turmoil itself is not directed at Washington but at the government in Tehran.

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat* As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Search This Blog