PIL in SC seeks protection for transgenders from sexual assaults

A recent Public Interest Litigation (PIL) filed in the apex court of India points out the absence of provisions to protect transgender individuals against sexual assaults and harassment. The PIL seeks to include provisions in the Indian Penal Code (IPC) to ensure the protection of the third gender.

New Delhi: A Public Interest Litigation (PIL) was filed in the Supreme Court seeking the inclusion of transgender rights in the provisions of Indian Penal Code (IPC), thereby penalising physical assaults on the third gender.

The plea challenges clause (i),(ii) and (iv) of the Sub Section(1) of the Section 354A of Indian Penal Code (IPC). Sub-section 1 of 354A of involves offences of sexual harassment by men against women.

The key descriptions under the sub-section 1 include physical contact and advances involving unwelcome and explicit sexual overture, a demand or request for sexual favours and making sexually coloured remarks.

According to the IPC, any person convicted under section 354A shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.

The PIL also point out that the exclusion of transgender is violative of their Article 14 (Right to equality before law), Article 15 (prohibiting discrimination) and Article 21 (Right to life).

The petition seeks for more guidelines so that the third gender is protected and its fundamental rights are not violated.