On Monday, the Apex Court issued notice to the Central Govt on a PIL seeking directions to provide equal protection to the transgender community against sexual offences.
A bench of the Supreme Court, headed by CJI S A Bobde, issued notice to the Central Govt seeking its detailed response on the matter & posted it for further hearing without giving any date.
The bench also asked the Senior Lawyer Vikas Singh, who was appearing for the petitioner lawyer Reepak Kansal, to place before the Court a list of issues on which the Top Court had laid down guidelines citing the example of the Vishakha guidelines.
"It is a very good issue. Issue notice," the bench led by CJI Bobde said.
The plea sought directions to the Union of India (UOI) to make appropriate modification/interpretation of sections of the Indian Penal Code (IPC) dealing with sexual assaults against transgender/transsexuals & or eunuchs.
The plea sought that appropriate orders & or directions be given to the Centre to make the laws gender-neutral to the sexual harassment mechanisms.
Reepak Kansal, a practising lawyer in the Apex Court, pleaded it issue directions to the Centre to pass an anti-discrimination bill that penalizes or punishes discrimination & harassment on the basis of gender.
The plea said, the Union of India should adopt & implement the universal declaration of human rights to protect the fundamental rights of the third gender by giving them equal protection before the law.
It challenged the constitutional validity of various clauses & sub-sections of Section 354-A (Sexual harassment & punishment for sexual harassment) of the IPC.
The plea said that "Indian laws are for men & women & therefore, keeping in view & considering transgender neither men nor women, they generally could not get justice from the authorities due to lack of law. The third gender, are being deprived of many of the rights & privileges which other persons enjoy as citizens of this country".
The State can't discriminate them on the ground of gender, violating Articles 14 to 16 & 21 of the Constitution of India, it added.
The petition said that Article 14 of the Constitution says that the state shall not deny to "any person" equality before the law or equal protection of the law.
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