<p>The Union Ministry of Health and Family Welfare today told the Bombay High Court that it cannot allow the so-called ''gurus'' of the eunuch community to authorise/recommend removal of sexual organs.<br /><br /></p>.<p>The division bench of Chief Justice Mohit Shah and Justice R V More was hearing a public interest litigation filed by NGO `Salvation of Oppressed Eunuchs', seeking that eunuchs to be treated as "humans with fundamental rights", and they be given the right to vote.<br /><br />The PIL demands that the government should issue a certificate to "gurus", authorising them to recommend castration for a would-be eunuch, which can then be performed by a surgeon.<br /><br />Advocate Rui Rodrigues, appearing for the union government, said this could not be permitted.<br /><br />"For removal of sexual organs, including castration, the willing person has to be thoroughly examined by a physician, a psychologist and a urologist. Such surgeries cannot be undertaken by a lay person," Rodrigues said.<br /><br />The PIL has also sought amendment to sections 375 and 377 of IPC, so as to include transsexuals and eunuchs in the definition of rape.<br /><br />Additional government pleader G W Mattos, appearing for Maharashtra government, told the court that section 377 was a subject matter of case pending before the Supreme Court.<br /><br />On the demand that eunuchs be treated as a minority, and the laws applicable to Scheduled Castes and Scheduled Tribes be applicable to them, Mattos said any eunuch who is from a minority community or SC/ST can file a complaint in case of an offence.<br /><br />The court today directed the state and Centre to put their views on an affidavit, within four weeks.</p>
<p>The Union Ministry of Health and Family Welfare today told the Bombay High Court that it cannot allow the so-called ''gurus'' of the eunuch community to authorise/recommend removal of sexual organs.<br /><br /></p>.<p>The division bench of Chief Justice Mohit Shah and Justice R V More was hearing a public interest litigation filed by NGO `Salvation of Oppressed Eunuchs', seeking that eunuchs to be treated as "humans with fundamental rights", and they be given the right to vote.<br /><br />The PIL demands that the government should issue a certificate to "gurus", authorising them to recommend castration for a would-be eunuch, which can then be performed by a surgeon.<br /><br />Advocate Rui Rodrigues, appearing for the union government, said this could not be permitted.<br /><br />"For removal of sexual organs, including castration, the willing person has to be thoroughly examined by a physician, a psychologist and a urologist. Such surgeries cannot be undertaken by a lay person," Rodrigues said.<br /><br />The PIL has also sought amendment to sections 375 and 377 of IPC, so as to include transsexuals and eunuchs in the definition of rape.<br /><br />Additional government pleader G W Mattos, appearing for Maharashtra government, told the court that section 377 was a subject matter of case pending before the Supreme Court.<br /><br />On the demand that eunuchs be treated as a minority, and the laws applicable to Scheduled Castes and Scheduled Tribes be applicable to them, Mattos said any eunuch who is from a minority community or SC/ST can file a complaint in case of an offence.<br /><br />The court today directed the state and Centre to put their views on an affidavit, within four weeks.</p>