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.
The Supreme Court on Thursday refused to modify its 2014 order on transgenders while clarifying that lesbians, gays and bisexuals are not third gender.
In 2014, the court had held that transgenders should be treated as third gender category. Court said that Central government must provide a third gender category in forms. SC even had asked government to provide reservation to transgenders in socially backward category. Centre was seeking modification in the top court judgment of 2014.
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.
A bench headed by Justice AK Sikri said "there is no confusion and it had clearly stated that lesbian, gays and bisexuals do not fall under category of third gender. We kept in mind the Apex Court's verdict on homosexuals while pronouncing the verdict."
Appearing for transgenders, Senior advocate Anand Grover contended that under the garb of clarification, the government delayed the compliance of the verdict for past two years. To this, court asked government counsel Additional Solicitor General Maninder Singh "why can't the cost be imposed on government for delay in implementation of our order. "
The court, however, did not impose any cost while disposed of the government's plea.
On April 15,2014, on the question of equality, the Court had held that, while Article 14 of the Constitution (equality before law) mandates, gender neutrally, that no person shall be denied equality before the law or equal protection of the law, facts indicate that the non-recognition of transgenders as caused transgender persons to perennially be denied equal protection of the law.
The discrimination faced by them in all spheres of life, as well as their vulnerability to harassment and violence are in stark contravention of their right to equality.
It further held that gender expression is an integral part of a person's identity saying there is a need to guarantee the freedom of speech and expression to all transgender persons.
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