Transgender includes eunuchs but not gays and lesbians, says SC

New Delhi: Supreme Court on Thursday refused to change its 2014 order about transgender while clarifying that gays, lesbians and bisexuals are not considered as the 'third-gender'.

A bench comprising Justices N V Ramana and A K Sikri said the verdict given in 2014 made it clear that lesbians, gays and bisexuals were not included in transgender.

“The previous verdict could not make it clear whether lesbians, gays and bisexuals were included in transgender. Hence, a clarification was needed about this,” said Additional Solicitor General Maninder Singh during the hearing.

The SC on April 15, 2014 gave a verdict which had granted legal recognition to eunuchs as the third category of gender or transgender. The verdict had directed the Centre as well as all states to treat them as educationally and socially backward. It also asked the governments to extend reservation for the third gender people for admission in educational institutions as well as for public appointments.

Other highlights:

• The Centre had filed a petition in the apex court in 2014 and sought clarification on the definition of transgender, saying lesbian, gay and bisexuals could not be treated under the third gender category.
• The SC had clarified in its verdict that the transgender did not include gay, lesbians and bisexuals.