But being a woman isn't a 'gender', it's a biological fact.
You can have two genders, three genders, 1,001 genders, but there are still only two sexes, and it's not possible to swap between them.
So a third gendered person remains in the sex they were born into.
Sometimes the law is an ass, and as the UK is discovering, the law can make a complete ass of itself in 'recognising' an impossibility, i.e. that men can become women and vice versa.
India may find itself having to face up in the future to the mess that the law becomes if it legislates for fiction over fact.