January 22, 2025 07:52 pm (IST)
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Indian Supreme Court says Gays not third gender
New Delhi, Jun 30 (IBNS): While there is a renewed interest in the LGBT issue in India with a clamour for decriminalization of gay sex by some top celebrities this time, the Supreme Court on Thursday in another case refused to modify its 2014 orders on transgenders and said that gays, lesbians, and bisexuals will not be considered as third gender.
In 2014, the top court recognised the transgender community as the third gender along with males and females.
SC said eunuchs, apart from the binary gender, be treated as a third gender to safeguard their rights under the Indian Constitution. The Supreme Court also flayed the central government for delay in giving reservation to transgenders, even as activists said it is important to decide who is a transgender person by a competent body.
The Bench said gender identification is essential. It is only with this recognition that many rights such as the right to vote, own property and marry will be meaningful, according to media reports.
Recently some celebrities of India who identify themselves as those from the LGBT community approached the Supreme Court seeking quashing of section 377 of the IPC which criminalises homosexuality.
The celebrities are dancer N.S. Johar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur.
In Feb this year, offering hope for the LGBT community in India, the Supreme Court referred to a five-judge bench on whether to admit a curative petition which is seeking to reconsider the validity of controversial section 377 of the Indian Penal Code (IPC) concerning homosexuality and its criminalisation.
The activists from human rights groups and LGBT community demanding scrapping of the controversial section of the IPC called the court move a progressive step.
The petition thus was not dismissed by the Supreme Court, neither it issued any notice to the government, leaving hope for the rights groups.
The section 377 criminalises consensual sexual activities of Lesbian, Gay, Bi-sexual and Transgender (LGBT) adults in private.
Chapter XVI, Section 377 of the IPC dates back to 1860 introduced during the British rule of India, and it criminalises sexual activities "against the order of nature", arguably including homosexual acts.
Section 377 has been used by the police and other groups to harass homosexuals.
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