The Supreme Court on Thursday clarified that only transgenders will be treated as third gender, and that gay, lesbian and bisexual persons will not come under this category.
Dismissing a petition along with a penalty incurred on the hearing, the apex court pulled up the Centre which had demanded a modification in its 2014 verdict.
Refusing to modify its order, the Supreme Court said, “There is no confusion. The judgment had clearly stated that lesbians, gays and bisexuals do not fall under the category of the third gender. Only transgenders fall under the category as per the Supreme Court order.”
During the hearing, Additional Solicitor General (ASG) Maninder Singh, appearing for the Centre, said it was not clear from the earlier verdict and a clarification in this regard was needed.
A bench comprising Justices A K Sikri and N V Ramana said it is clear from the verdict of April 15, 2014 that lesbians, gays and bisexuals are not transgenders.
Senior advocate Anand Grover, appearing for some transgender activists, said Centre is not implementing the 2014 Supreme Court verdict for the past two years, saying they need clarification on the point of transgenders.
“Why should we not dismiss the application with costs,” the bench asked the ASG, adding, “No clarification is required. The application (of Centre) is disposed of.”
However, the court disposed of the government’s plea without imposing any cost.
Hailing the apex court ruling, country’s leading gay rights activist Ashok Row Kavi said, ”The SC has said that transgender community should get reservation. But, who decides who is a transgender? Currently anyone can claim that he or she is a transgender. There needs to be a statutory body like national Backward Class Commission and Scheduled Castes Commission to decide that. They should certify who is a transgender. The SC is not clear about it. That is our main concern.”
Meanwhile, the CEO of Naz Foundation, Anjali Gopalan also echoed similar concerns by saying that there must be a government mechanism to decide who is a transgender and who is not to avoid any anomalies.
