Gays, Bisexuals Are Not Transgender: Supreme Court to Centre

Transgenders received legal recognition from the Supreme Court in 2014.

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A transgender at a rally in Mumbai. (Photo: Reuters)

The Supreme Court on Thursday refused to modify its 2014 order on transgenders while clarifying that lesbians, gays and bisexuals are not the third gender or transgender.

Additional Solicitor General Maninder Singh, appearing for the Centre, said it was not clear from the earlier verdict and a clarification in this regard was needed.

In a landmark verdict, the Supreme Court had granted legal recognition to transgenders or eunuchs as third category of gender and had directed the Centre and all states to treat them as socially and educationally backward classes and to extend reservation in admissions in educational institutions and for public appointments.

Paving way to bring transgenders into national mainstream, the apex court had directed governments to take steps to remove problems faced by them such as fear, shame, social pressure, depression, and social stigma.

It had also said that section 377 of IPC is being misused by police and other authorities against transgenders and their social and economic condition is far from satisfactory.

However, in September 2014, the Centre filed an application in the apex court seeking clarification on the definition of transgender, saying lesbian, gay and bisexual people cannot be included under the category of transgender.

The Centre had also sought clarification on the grant of OBC status to transgenders saying all such people cannot be clubbed under OBC category as some of them are SC/ST by birth.

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