Reservation for transgender persons: Supreme Court seeks response from 3 states and 5 Union Territories
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The Supreme Court recently sought response from various states and Union Territories regarding compliance with the directions given in the landmark case of NALSA vs Union of India to devise a mechanism to extend the benefits of affirmative action to the transgender community in India.
The response came in the backdrop of a contempt petition filed earlier by members of the transgender community. They argued that despite the 2014 NALSA judgment of the Supreme Court, no effective reservation policy was formulated for transgender persons, particularly affecting their education and employment opportunities. In the judgment of National Legal Services Authority vs Union of India and others, the court recognised the third gender and called for affirmative action to support transgender persons.
The contempt petitioners specifically sought compliance of the following direction issued in NALSA:
“We direct the Central and State Governments to take steps to treat them as socially and educationally backward class of citizens and extend all forms of reservation in matters of admission to educational institutions and public appointments.” Additional Solicitor General (ASG) Aishwarya Bhati submitted a tabulated statement showing that while several states complied with the directions, three states namely (1) Sikkim; (2) Rajasthan; and (3) Telangana and five Union Territories, namely Chandigarh, National Capital Territory of Delhi, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and Ladakh are yet to file their replies.
The Court has ordered these States and Union Territories to submit their replies by August 31, 2024. Further, copies of this order shall be served on the Public Prosecutors of these territories. Additional copies shall be sent to their Chief Secretaries. A bench of Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra passed the following order:
“We direct that the above States and Union Territories shall file their replies by August 31, 2024. A copy of this order shall be served on the Public Prosecutor of the above States/Union Territories with copies to the Chief Secretaries.”
Courtesy: Live Law.
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