Supreme Court Clarifies NALSA Judgement, Says Lesbians, Gays and Bisexuals Not Part of Third Gender

Only transgender people are to be classified under third gender and Lesbians, Gays and Bisexuals are not part of third gender, clarified the Supreme Court today even as it refused to modify its 2014 NALSA judgement.

A bench comprising of Justices A K Sikri and N V Ramana was hearing a petition filed by the Government of India seeking clarification of the NALSA judgement, telling that it was not clear from the earlier verdict if lesbians, gays and bisexuals are transgenders or not.

“Why should we not dismiss the application with costs,” the bench asked the ASG, adding, “No clarification is required. The application (of Centre) is disposed of.”

In a landmark verdict, the Supreme Court had on April 15, 2014 granted legal recognition to transgenders or eunuchs as third category of gender and had directed the Centre and all states to treat them as socially and educationally backward classes to extend reservation in admission in educational institutions and for public appointments.

However, in September 2014, the Centre had filed an application in the apex court seeking clarification on the definition of transgender saying lesbian, gay and bisexual cannot be treated under the category of transgender.

(With inputs from PTI)

Sukhdeep Singh