The Union Ministry of Health and Family Welfare today told the Bombay High Court that it cannot allow the so-called "gurus" of the eunuch community to authorise/recommend removal of sexual organs.
The division bench of Chief Justice Mohit Shah and Justice RV More was hearing a public interest litigation filed by NGO `Salvation of Oppressed Eunuchs', seeking that eunuchs to be treated as "humans with fundamental rights", and they be given the right to vote.
The PIL demands that the government should issue a certificate to "gurus", authorising them to recommend castration for a would-be eunuch, which can then be performed by a surgeon.
Advocate Rui Rodrigues, appearing for the union government, said this could not be permitted.
"For removal of sexual organs, including castration, the willing person has to be thoroughly examined by a physician, a psychologist and a urologist. Such surgeries cannot be undertaken by a lay person," Rodrigues said.
The PIL has also sought amendment to sections 375 and 377 of IPC, so as to include transsexuals and eunuchs in the definition of rape.
Additional government pleader GW Mattos, appearing for Maharashtra government, told the court that section 377 was a subject matter of case pending before the Supreme Court.
On the demand that eunuchs be treated as a minority, and the laws applicable to Scheduled Castes and Scheduled Tribes be applicable to them, Mattos said any eunuch who is from a minority community or SC/ST can file a complaint in case of an offence.
The court today directed the state and Centre to put their views on an affidavit, within four weeks.
