Supreme Court seeks government’s response on plea seeking quota for transgenders

The notice came on a plea filed before a bench of the Chief Justice of India (CJI) seeking directions to frame and implement a reservation policy in favour of transgender persons in public employment.

Srishti Ojha, Edited By : Sudeep Lavania

New Delhi, The Supreme Court on Friday issued a notice to the Union government, all states and Union Territories (UTs) seeking their response to a plea seeking reservation for transgender persons across India in state employment.

A bench led by Chief Justice of India (CJI) DY Chandrachud issued the notice in a plea seeking a declaration that transgender persons, in general, are entitled to reservation under the state for government jobs under Articles 14, 19 and 21, mentioned as Fundamental Rights in part-III of the Indian constitution.

The plea, filed by Subi KC, a transgender person, also sought directions from the CJI bench to frame and implement a reservation policy in favour of transgender persons in public employment.

In its plea, Subi KC cited various studies that mention the transgender community is socially, economically and educationally backward with deplorable conditions. The petitioner also argued the need to address these bottlenecks at the earliest by enacting and implementing provisions for reservations.

In the petition, Subi KC also quoted the 2014 SC’s NALSA vs Union of India judgment which paved the way for the recognition of transgender rights and directed the state to treat transgender persons as socially and economically backward for the purpose of extending reservations to them.

The plea also stated that the judgement of the SC in that case is binding in accordance with Article 141 of the Indian constitution and following the judgement, the Supreme Court directed the state to make reservation provisions for the Transgender Group of Persons (TGP).

The plea also submitted before the CJI bench a report by the National Aids Control Organisation (NACO), which works in tandem with the United Nations Development Programme (UNDP), that highlighted the lack of sufficient training and skills employment programmes for transgender persons that resulted in the virtual absence of employment opportunities for them.

According to the petitioner, the Transgender Persons (Protection of Rights) Act, 2019 has provided various rights to TGP, but does not provide them with reservations in education or employment, the plea states

The petitioner also pointed out several writ petitions filed before various high courts for implementing reservations in public employment. However, in spite of that, no concrete steps were initiated to ensure reservations for TGPs.

Courtesy : India Today

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