Supreme Court batted for transgenders; but what about gay, lesbian and bisexuals
The Supreme Court has done justice to transgenders (eunuchs) by categorising them as Third Gender and asking the Central and State Governments to recognise them as socially and economically backward class and provide them with reservations in educational institutions and Government jobs under the OBC category.
These Governments have also been
directed to launch public awareness campaign to remove social stigma
against the transgenders. The transgenders have also been given right
to marry, right to work and right to adopt children. The various
Governments in India
have also been directed to provide adequate
healthcare and special toilets for eunuchs.
However, the Apex Court is yet to
deliver justice to the Gay, Lesbian, Bisexual and Queer people etc.
who constitute the other sexual minority and are so because of their
genetic build up according to the Psychoanalyst, Dr. Sigmund Freud
which is difficult to reverse. The Supreme Court had reversed a
judgement of the Delhi
High Court which had decriminalised consensual
gay sex and provided relief to these people.
At present Section 377 of IPC has been
upheld which criminalises even the consensual sex between Gay adults
as well as Lesbian adults or any other form of unnatural sex. This
needs to be set right by the Supreme Court so that these people could
also lead normal life without fear and have adequate healthcare
It is understood that the Supreme Court
is due to listen to a Curative plea on behalf of Gay people etc. in
the open Court regarding the validity of Section 377 of IPC relating
to consensual same sex relationship.