New Delhi: On Thursday, the Supreme Court has clarified
that gays, bisexual and lesbians are not third gender people and that cannot
avail the quotas meant for the third gender category. Reports are that the
declaration is expected to ‘potentially’ clearing the hurdles that interrupted
the ‘way of benefits’ for the marginalized community of India.
On 2014, the SC has recognized the third gender and termed
them as ‘socially and educationally backward class.’
It was only two years ago, when the Supreme Court had
referred the transgender community as third gender in a historical hearing.
Reports are that a judicial bench comprising Justices A.K. Sikri and N.V.
Ramana asked to dismiss the central government’s application, ‘saying that the
April 2014 judgment was crystal clear that lesbians, gays and bisexuals had not
been included in the category of transgender.’
“The grammatical meaning of ‘transgender’, therefore, is
across or beyond gender. This has come to be known as umbrella term which
includes gay men, lesbians, bisexuals, and cross-dressers within its scope.
However, while dealing with the present issue we are not concerned with this
aforesaid wider meaning of the expression transgender,” said the judicial
declaration.
However, a senior advocate, Anand Grover, known to appear
for some transgender activists said that Central Government is likely to use
the petition as an excuse.
The transgender community across the nation faces series of
violence was were continuously denied until the last decade from mainstream
professions and even education. The 2014 law by the SC however had helped the
transgender people to use their quota and avail employment and education.
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