New Delhi: Lesbians, gay, bisexuals cannot be treated as “third gender” for any quota benefits in education or jobs, Supreme Court clarified on Thursday dismissing a clarification petition filed by the Narendra Modi government.
A bench of Justices A.K. Sikri and N.V. Ramana asked Additional Solicitor General Maninder Singh “why we should not dismiss the petition with costs”.
On April 15, 2014, the Supreme Court, in a significant verdict, held that transgenders commonly known as enuchs/hijras and various others terms shall be treated as the third gender apart from males/ females; and would be entitled to all fundamental rights of a citizen, besides, reservation benefits accruing to the socially disadvantaged and backward communities like OBCs.
Centre had sought clarification
The Centre without implementing the directions filed an application soon after assuming office seeking clarification whether lesbians and gays would also be covered by the ruling. During the hearing on Thursday the bench told the ASG that there was no requirement of any clarification at all since this court had categorically held in its judgement that lesbians, gay and bisexuals would not be entitled to any such benefits accruing to transgender.
Senior counsel Anand Grover appearing for the transgender community told the bench that the Centre’s application was motivated as it was intended to delay or scuttle the implementation of the historic judgment.
