SC Issues Notice to the Centre on the PIL to extend protection to Transgender against Sexual Harassment
It has been quite some time since the apex court has recognised transgender as the ‘third gender’. However, we have a long way to go before these people get equal rights and respect in our society. One such matter relating to their rights and protection was heard by the Supreme Court.
A Public Interest Litigation (PIL) was filed stating that the Indian Penal Code (IPC) does not provide for the protection of Transgender against sex crimes. The PIL was filed by Advocate Reepak Kansal who was represented by Senior Counsel Vikas Singh.
Advocate Reepak Kansal while putting up his case in front of the bench alleged that there was no penal provision which protected the third gender from sexual assault.
He urged the bench to issue a direction to the Centre whereby they can interpret relevant sections/provisions of IPC in a manner to extend the same protection to the transgender community. Currently, the drafting of the Section 354A of IPC is such that it only includes men and women and evidently excludes transgender people who are also the victims of sexual harassment.
As per the Constitution of India, the category “person” is extended to transgender people. And so the current provisions of IPC violates their right to equality, right against discrimination and right to life and personal liberty under Articles 14, 15 and 21 of the Constitution respectively.
The Chief Justice of India said that "It is a very good issue. Issue notice."
The Supreme Court issued notices to the Centre based on this PIL.
