Third gender status to be allotted to transgender or eunuchs says SC


In a much awaited judgment by the Supreme Court, third gender status to be allotted to transgender or eunuchs. The decision was passed acting on a PIL filed by National Legal Services Authority (NALSA).

In this epic decision the Supreme Court on creating the third gender status for transgenders also asked of the Centre to treat them as a socially and economically backward class.  Here on, Supreme Court has granted permission of transgenders to educational institutions and also given employment on the basis that they belonged to the third gender category.

Making it clear that the people from the third gender will be given OBC stature and the major reason behind this decision is that the absence of law pertaining to eunuchs as a third gender would have given a reason to single out transgenders and keep them away from being a part of equal opportunities in education and employment. Hence they would be given reservation in education and employment as OBCs.

Provisions to be made

The Court said that the state and the Centre need to develop social welfare schemes for third gender community and run a public awareness campaign to erase social stigma.

States also need to construct special public toilets and department for the third gender so as taking care of their special medical issues.

It was added that if a person surgically changes his/her sex, then he or she is entitled to her changed sex and can’t be discriminated.

To be noted

The apex court decision also rules that Section 377 of IPC is being misused by police and other managing authorities against the third gender and their social and economic situation is far from fitting.

The bench made it clear that the verdict pertains only to eunuchs and not other sections of society like gay, lesbian and bisexuals who are also considered under the umbrella term ‘transgender’.