New Delhi: The Supreme Court yesterday refused to modify its 2014 order on transgenders while clarifying that lesbians, gays and bisexuals are not third gender. A bench comprising Justices AK Sikri and NV Ramana said it is amply clear from the verdict of April 15, 2014 that lesbians, gays and bisexuals are not transgenders.
Landmark ruling: The Supreme Court had on April 15, 2014 granted legal recognition to transgenders or eunuchs as third category of gender. File Pic For Representation
During the hearing, Additional Solicitor General (ASG) Maninder Singh, appearing for the Centre, said it is not clear from the earlier verdict if lesbians, gays and bisexuals are transgenders or not. He said a clarification in this regard was needed. 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.
However, in September 2014, the Centre had filed an application in SC seeking clarification on the definition of transgender saying lesbian, gay and bisexual cannot be treated under the category of transgender. Interestingly, the SC in its verdict had itself clarified that transgender does not include gay, lesbians, bisexuals.
“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,” it had said.