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This raises many legal issues and aspects of being transgender.Most of these issues are generally considered a part of family law, especially the issues of marriage and the question of a transsexual person benefiting from a partner's insurance or social security.In others, a diagnosis of "gender dysphoria", or simply the fact that one has established a non-conforming gender role, can be sufficient for some or all of the legal recognition available.The DSM-V recognizes gender dysphoria as an official diagnosis.
Since, there are no separate toilet facilities for Hijras/transgender persons, they have to use male toilets where they are prone to sexual assault and harassment.
In early 2014 the Shanxi province started allowing minors to apply for the change with the additional information of their guardian's identification card.
This shift in policy allows post-surgery marriages to be recognized as heterosexual and therefore legal. One study found that Chinese parents report 0.5% (0) of their 6 to 12-year boys and 0.6% (7) of girls often or always ‘state the wish to be the other gender’.
Justice KS Radhakrishnan noted in his decision that, "Seldom, our society realizes or cares to realize the trauma, agony and pain which the members of Transgender community undergo, nor appreciates the innate feelings of the members of the Transgender community, especially of those whose mind and body disown their biological sex", adding: Non-recognition of the identity of Hijras/transgender persons denies them equal protection of law, thereby leaving them extremely vulnerable to harassment, violence and sexual assault in public spaces, at home and in jail, also by the police.
Sexual assault, including molestation, rape, forced anal and oral sex, gang rape and stripping is being committed with impunity and there are reliable statistics and materials to support such activities.