Agreeing to examine a string of objections, the Supreme Court has sought replies from the National Legal Services Authority and all states on a plea moved by the NDA government against the historic April 15 judgment that granted constitutional recognition to transgenders as a third gender and gave them the right to have a family. A bench headed by Chief Justice of India H L Dattu sought replies on the application moved by the NDA government in September, wherein it has sought clarifications, besides questioning the “political” and “practical” ramifications of the judgment, which had put personal autonomy and right of choice on a par with human dignity. The bench, also comprising Justice A K Sikri — who was a party to the April verdict — and Justice R K Agrawal, has given four weeks to the parties to respond to the application. The case is now scheduled to come up for hearing on January 22, 2015. The development acquires significance, for the application by the Narendra Modi government has sought various modifications in the final order passed by the court, not by way of a review petition, which is an ordinary procedure, but by filing an application to seek modification. The judgment had directed the government to treat transgenders as a socially and educationally backward, entitled to quotas like OBCs in educational institutions and for public appointments. It held that transgenders, as a distinct “third gender”, will have all rights under the law, including the right to marry each other, adopt, divorce, succession and also to claim benefits under welfare programmes such as MGNREGA. The government’s plea resisted the direction to classify all transgenders as OBCs in a “suo motu” exercise. It also said the term ‘eunuch’ is not an equivalent of ‘transgender’ or a variant of the latter and hence it has to be left out.
