Transgender verdict: Centre files review petition in Apex Court

The Centre has filed a review petition in the Supreme Court, seeking clarity on issues arising out of a 2014 judgement pertaining to the rights and status of transgenders. The matter is posted for hearing on Friday.

“The Apex Court, in its April 2014 judgement, had said transgenders should be recognised as the ‘third gender’ but, along with that, it had also acknowledged their right to declare themselves either male or female. Now, this is creating some difficulty for those making their identity cards. So, we have filed a review petition in the court seeking clarity on this,” Social Justice and Empowerment Minister Thaawarchand Gehlot said.

Gehlot said transgenders belonging to Scheduled Castes and Scheduled Tribes have flagged issues about them being given the status of OBC, saying they are not able to access the benefits which they were entitled to as SCs and STs.

“We also wanted clarity on these issues and have sought the guidance of the Apex Court. Clarity on these will help in the better implementation of the directives,” he said.

The ministry, Gehlot said, is close to finalising the Draft Rights of Transgender Persons Bill, 2015, and will try to place the Bill in Parliament during the ongoing Budget session.

The draft Bill has a chapter that details offences that will be treated as atrocity and violence against transgenders. As per the draft Bill, the government will, by a notification, constitute a National Council for Transgender Persons to advise the Central and state governments on issues related to improving the quality of life of transgenders.