SC finally clarifies: Gays, Lesbians & Bisexuals are not Third Gender

June,30,2016:

On April 15, 2014 Supreme Court had granted legal recognition to transgenders as third category of gender.

On Thursday, Supreme Court clarified that lesbians, gays and bisexuals are not third gender while refusing to modify its 2014 order on the transgenders.

The Bench comprising Justice A.K Sikri and Justice N.V Ramana expounded that the from the verdict of April 15, 2014 it is clear that lesbians, gays & bisexuals are not transgenders.

The Apex Court in its verdict of April 15, 2015 had granted the legal recognition to the transgenders as the third category of gender .

Apex Court had also further directed the Centre and all the States to treat them as the socially and educationally backward classes to extend reservation in admission to the educational institutions and also for the public appointments.

Supreme Court in a bid inculcate the transgenders in national mainstream directed the State Governments to take steps to remove the problems faced by them in the society.

Apex Court further enunciated that  Section 377 , IPC is grossly misused by the Police and the other authorities against them and also their social and economic condition is very poor.

Interestingly, the SC in its verdict had itself clarified that transgender does not include gay, lesbians, bisexuals.

The Supreme Court expounded that the grammatical meaning of term ‘transgender’, is across or beyond gender. Thus the term come to include has come to include Gay men, Lesbians, Bisexuals, and Cross Dressers within its garb. But the Apex Court clarified that dealing with the present issue it was not concerned with the aforesaid wider meaning of term transgender.

The Central Government has sought a clarification on the grant of OBC status to the transgenders as they cannot be clubbed under OBC category as some of them are SC/ST by birth.

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April 15, 2014 Supreme Court Judgement on Rights of Third Gender-

https://www.scribd.com/doc/317133121/Supreme-Court-Judgment-Dt-April-15-2014-on-Third-Gender