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By Richa Dhawan, Advocate, Supreme Court of India


The recent judgment of the Hon'ble Supreme Court of India giving OBC status to eunuchs alone from the entire LGBT (Lesbian, Gay, Bisexual, Transgender) community is highly discriminatory. In fact, they are the ones whose space is neither easy to occupy nor imagine for ones who are not there. Recognition is denied & they feel left out even at home even though right to gender expression is inherent in our Constitution as much as the right to sexuality. This being a facet of right to life as guaranteed under Article 21 of the Indian Constitution.


This issue is often debated as against public morality and decency. However, the same is thrown in trash when females are murdered in the womb, brides are burnt for dowry, rapes take place audaciously, mere censure/adult certificates are given to films worthy to be termed as pornographic, khaps justifying honor killings, and the list is endless. I believe that LGBT community is invisible in our country who are insensitive to their feelings and emotions. They can ‘see’ them yet cannot ‘see’ them and that is the reason they engage in pride marches and parades to showcase their unity.


While it is difficult to understand the feelings of a body which is made in one way, possesses a mind which is lamenting to be someone else but we must accept that though it is difficult to walk in those shoes but that  doesn’t mean those shoes don’t exist. We must understand that we will not gain anything by becoming a mute spectator of such gross human rights violation in the world’s largest democracy. No doubt, approval and recognition of a practice takes time but unfortunately we are more involved in understanding its social and religious impact rather than their sexual orientation and gender identity and dignity .

I would just conclude by saying that by recognizing the rights of the entire LGBT community, the state is not distributing freebie or alms rather it is only performing its obligations under the Indian Constitution in letter and spirit.

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Category Constitutional Law, Other Articles by - Richa Dhawan