Delhi HC to hear plea on recognising transgenders as separate gender in NCRB data

1st Dec

Delhi HC to hear plea on recognising transgenders as separate gender in NCRB data

The Delhi High Court on Tuesday will hear a plea seeking a direction to the National Crime Records Bureau (NCRB), to recognise and classify Transgenders as a separate third gender in their Annual Publication of Prison Statistics India.The petition is listed for virtual hearing before the bench of the Chief Justice DN Patel and Justice Prateek Jalan.

The petition stems from the landmark judgment of the Supreme Court in Case of National Legal Services Authority V Union of India, AIR 2014 SC 1863 had unequivocally given legal recognition to the transgenders, in addition to declaring their right to self-determination of gender.The Apex Court had further held that recognition of one’s gender identity lies at the heart of the fundamental right to dignity, and the self-identified gender can be either male or female or third gender. The petition has been filed by Advocate Yash Mishra, Advocate Akhil Hasija & Advocate Manyaa Chandok of Alliance Law Group. The petitioners claimed that even after 6 years since the landmark judgment of Apex Court, the respondents failed to reasonably classify transgenders as a separate third gender in their annual publication of the prison statistics India report. The petitioner asserts, “It is interesting to point out herein that NCRB in its other annual publications like Crimes in India 2018 and Accidental Deaths and Suicide in India 2018, has recognised the transgenders as a third gender, and compiled statistics regarding the crimes committed against the transgender community.