Centre seeks clarification from SC on its transgender verdict

Five months after the Supreme Court directed the Centre to grant OBC status to transgender sex, the government has sought clarification on it saying that all such people cannot be clubbed under OBC category as some of them are SC/ST by birth.

PTI| Updated: Sep 11, 2014, 18:43 PM IST

New Delhi: Five months after the Supreme Court directed the Centre to grant OBC status to transgender sex, the government has sought clarification on it saying that all such people cannot be clubbed under OBC category as some of them are SC/ST by birth.

The Centre submitted that there is no problem in putting non SC/ST transgender under OBC category but clubbing SC/ST transgender under OBC would cause problems.

"Classifying transgender who are not SCs/STs as OBC may not pose problem and that can be done through NCBC(National Commission of Backward Classes). But in so far as transgender who by birth had belonged to SC/ST, if they are classified as OBC it may result in problem," the application, filed by Centre, said.

In a landmark verdict, the Supreme Court had on April 15 granted legal recognition to transgenders or eunuchs as third category of gender and directed the Centre and all states to treat them as socially and educationally backward classes to extend reservation in admission in educational institutions and for public appointments.

The Centre also sought clarification on the definition of transgender saying that Lesbian, Gay and Bisexual cannot be treated under the category of transgender.

Interestingly, the apex court in its verdict had itself clarified that transgender does not include gay, lesbians, bisexuals.

"The grammatical meaning of ?transgender?, therefore, is across or beyond gender. This has come to be known as umbrella term which includes Gay men, Lesbians, bisexuals, and cross dressers within its scope. However,while dealing with the present issue we are not concerned with this aforesaid wider meaning of the expression transgender," the apex court had said.