Maharashtra tribunal emphasises on transgender inclusion, says can’t push for quotas

The Maharashtra Administrative Tribunal (MAT) has said it cannot ask the Maharashtra state government for quotas for transgenders, but it stressed on inclusion of the community.

The Maharashtra Administrative Tribunal (MAT) has said it cannot direct the state government to give reservations for transgenders in public employment and education, but said that the government should take more steps towards inclusion of the community in mainstream society.

The MAT passed the order while hearing applications filed by three transgenders. Two of them had applied for the post of police constable, while one had applied for the post of talathi.

The Maharashtra government had informed the tribunal that it would not be possible to give transgenders reservations. The tribunal, in its 26-page order, directed the Maharashtra government to give the applicants the necessary grace marks to reach the cut-off marks, to consider the applicants who have reached 50 per cent of the total marks for the concerned posts, and if any of the applicants is age barred, then they shall be given age relaxation if they have got 45 per cent marks.

The order, passed by MAT Chairperson Justice Mridula Bhatkar (Retd) and member Medha Gadgil added that the fact that not a single transgender who has come out of the closet got a job in the government sector, spoke volumes.

“The transgenders are humans and are citizens of our great country who are waiting for their inclusion in the mainstream. We have historical, mythological, and cultural instances of eunuchs and their participation in political, social, or cultural fields,” the tribunal said.

The transgenders are people in the minority, the tribunal said, adding their case is worse than what women faced in the past while demanding equality. “(A) majority forms the government, but the majority cannot suppress or ignore the rights of (the) marginalised section. The calibre and morality of democracy is tested on these yardsticks,” it said.

The tribunal said mere acknowledgement of the separate identity of transgenders was not enough, but they also need to be given opportunity in public employment. “The State of Maharashtra has been very progressive in its thought and culture. Therefore, it is desirable on the part of the government to take necessary measures to enable these transgender applicants to get jobs in the government sector,” it added.

The MAT order further said that under Articles 15 and 16 of the Constitution of India, discrimination is prohibited on the grounds of sex. “To get into public employment is a handicapped race for transgenders. Though they are not physically disabled and are able-bodied persons, their activities, actions, growth are paralysed due to the negative approach of society, family in all schools, colleges in all places at all levels,” the tribunal said.

The tribunal added that by merely acknowledging the third gender, the government had not made adequate opportunities available to transgenders, and steps are required to be taken for effective participation and meaningful inclusion of them in mainstream.

Advocate Kranti LC, representing the petitioners, said that states such as Tamil Nadu, Chattisgarh, Karnataka, Jharkhand, and Bihar, have given the benefit of reservations to transgenders.

The tribunal said that in currently in Maharashtra, the vertical reservation has reached 62 per cent and hence understood its difficulty. The tribunal in its order noted that the law was an instrument of “social engineering” that creates a mandate to regulate the social pattern, and human behaviour leading to equality and harmony in the society.

“The courts are for justice and cannot ignore any societal problem when placed before it. Under such circumstances, though courts are not the lawmakers while interpreting the law, a legally permissible solution is to be applied to meet the ends of justice,” it said.

Courtesy : India Today

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