SC asks Centre to respond to plea to protect transgender community under panel laws

The Supreme Court on Monday asked the Union government to respond to a plea for making modification and interpretation of sections of the Indian Penal Code to deal with sexual assaults against transgenders, transsexuals and eunuchs.

A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian issued notice to the Centre while terming the plea raised by advocate Reepak Kansal as a "good cause".

The court asked senior advocate Vikas Singh, appearing for Kansal, to give a list of issues where Vishakha-kind (sexual harassment at work places) guidelines could be issued until the law was amended.

The petition by Kansal asked the court to direct the Union government to make the sexual harassment mechanisms gender-neutral.

"In cases of sexual assault of transgender, the law enforcement agencies are often at loss to ascertain applicable provisions of law as there is no provision in the Indian Penal Code," he contended.

He asked the court to frame guidelines to protect the fundamental rights of the third gender by giving them equal protection before law till such time the law is passed by legislature to protect them from sexual assault etc.

He said Section 354 A of IPC should be declared as ultra vires of Articles 14, 15 and 21 of the Constitution to the extent that they are interpreted to exclude victims of sexual harassment who are transgenders.

The petitioner cited the path-breaking judgement by the Supreme Court passed in 2014 in the matter of National Legal Services Authority vs Union of India granting recognition to transgenders as the third gender, falling under the ambit of Article14 of the Constitution.

He said the court should also direct the Union government to pass an Anti-Discrimination Bill that penalises discrimination and harassment on the basis of gender.