New Delhi- The Calcutta High Court has issued a directive to the West Bengal government to ensure a one percent reservation for transgender individuals in all public employment sectors within the state.
This order came in response to a petition from a transgender person who had passed the Teachers’ Eligibility Test (TET) in both 2014 and 2022 but had not been called for counselling or interviews.
Justice Rajasekhar Mantha, who presided over the case, highlighted that despite the state government's policy advocating for equal employment opportunities for transgender persons, the actual implementation of reservations for them had not occurred.
He directed the chief secretary of the West Bengal government to enforce this reservation.
Justice Mantha referenced a landmark 2014 Supreme Court ruling that recognized 'hijras' and eunuchs as a "third gender" distinct from the binary male and female categories. This ruling was aimed at safeguarding the rights of transgender individuals under Part III of the Constitution.
The Supreme Court affirmed the right of transgender persons to self-identify their gender and instructed both the central and state governments to legally recognize their gender identities, whether male, female, or third gender.
Moreover, the Supreme Court had mandated that transgender persons be considered socially and educationally backward classes, thereby eligible for reservations in educational institutions and public employment.
Despite these directives, Justice Mantha noted that West Bengal had not implemented the necessary reservation measures.
In a notification dated November 30, 2022, the state’s Department of Women and Child Development and Social Welfare declared that transgender persons were entitled to equal employment opportunities without discrimination.
However, the Calcutta High Court emphasized that this policy had not translated into actual reservations, as required by the Supreme Court's 2014 judgment.
The Madras High Court has granted the Tamil Nadu government a three-month extension to develop a comprehensive policy aimed at the upliftment of transgender individuals, which includes provisions for reservation and other benefits in public employment and education.
Justice N. Anand Venkatesh acknowledged the submission made by State Public Prosecutor (SPP) Hasan Mohammed Jinnah, who informed the court that a specially constituted committee had conducted extensive consultations and submitted a draft policy to the state government on May 15 of this year.
The next steps involve translating the draft policy from English to Tamil and organizing special camps and stakeholder meetings across all districts, scheduled to begin on June 21.
SPP Jinnah clarified that the delay in holding these meetings was due to the enforcement of the model code of conduct during the Lok Sabha elections.
He emphasized that the finalization of the policy requires deliberations at the highest levels, particularly following a directive from Justice G.K. Ilanthiraiyan of the High Court, which mandates the provision of horizontal reservations for transgender persons.
Given these circumstances, SPP Jinnah requested an additional three months to finalize and release the policy. Justice Venkatesh granted this request and postponed the hearing for three months on a case he had initiated in 2021.
The case concerns issuing a continuous mandamus on matters related to the integration of the LGBTQIA+ community into mainstream society and improving their living conditions.
Justice Venkatesh expressed satisfaction with the Tamil Nadu government's proactive steps toward formulating a separate policy for transgender persons.
He noted that any detailed opinions or assessments of the policy could only be made once it is finalized and implemented.
You can also join our WhatsApp group to get premium and selected news of The Mooknayak on WhatsApp. Click here to join the WhatsApp group.