Failure of Constitutional Guarantees for Transgender Students in NLSIU-Bengaluru Evident, Rules Karnataka High Court

Bengaluru- In a significant judgment, the Karnataka High Court held that the admission and financial aid policies of the National Law School of India University (NLSIU) are discriminatory against transgender (TG) students. The single-judge bench emphasized that the lack of measures for positive discrimination has deprived TG individuals of the opportunity to pursue LLB courses at the institution.

The Karnataka High Court made this observation on December 16, while concluding its hearing in a writ petition (WP 14909/2023 ) by Mugil Anbu Vasantha v. State of Karnataka & Ors.

The court observed, “It is however seen NLSIU taking pride in various measures for transgender persons to create a level playing field ‘to respond to all forms of discrimination and provide an inclusive and supportive educational environment.’ Strangely, it has not disclosed whether any steps are in progress or were taken for providing reservation and suitable financial aid policy specifically tailored for TGs. It is also not known whether the existing admission process accommodates TGs securing admission or undergoing studies in NLSIU.”

Highlighting the absence of adequate measures, the court further noted, “Failure of constitutional guarantees of equality of opportunity due to lack of measures/adequate measures for positive discrimination in securing sufficient representation to TGs in educational avenues in NLSIU is evident."

Case Background

The petitioner, a transgender individual who transitioned from female to male, had a strong academic background, holding a Bachelor’s degree from Mahatma Gandhi University and a Master’s in Development Studies from TATA Institute of Social Sciences. After transitioning, the petitioner legally changed their name and gender through affidavits and gazette notifications and updated official documents like the Aadhaar and PAN cards.

In January 2023, the petitioner applied for admission to NLSIU’s three-year LLB program and appeared for the NLSAT entrance test, securing a cumulative score of 96.25. However, despite scoring competitively, the petitioner was denied admission under the General Merit (GM) category.

Following this, the petitioner made multiple representations, citing the Supreme Court’s directives in the NALSA judgment and the Karnataka State Policy on Transgenders, 2017, which calls for measures such as scholarships and fee waivers for transgender persons in education. Despite these appeals, NLSIU did not act on the petitioner’s requests, prompting the petitioner to file a writ petition in the Karnataka High Court.

The petitioner contended that NLSIU’s actions violated their rights under the NALSA judgment and the Transgender Persons (Protection of Rights) Act, 2019. They argued that NLSIU failed to provide necessary reservations and financial aid for transgender persons, as mandated by the State and Central government policies.

The petitioner highlighted the barriers faced by transgender individuals in accessing education, particularly the lack of familial and financial support. They emphasized that they had been surviving on assistance from the transgender community, which was insufficient to cover the university’s exorbitant fees.

The petitioner also pointed out that the State's transgender policy provided for education grants, fee waivers, and other support measures, which were not implemented effectively by NLSIU.

NLSIU's Defense

NLSIU, represented by Senior Counsel K.G. Raghavan, opposed the petition, arguing that no specific laws mandated reservations for transgender students in education. The university maintained that it had already implemented several inclusive measures, such as gender-neutral toilets, counseling support, and anti-discrimination codes, which went beyond the legal requirements.

NLSIU further argued that admission to its programs was based on merit, and the petitioner had failed to qualify under the GM category. The university also stated that it had provided partial financial aid to the petitioner, including a laptop, a stipend of ₹27,000, and interest reimbursement on educational loans, but could not waive the fees entirely.

The State government’s counsel also argued that the transgender policy was not enforceable as a matter of law and that the petitioner’s demands for reservations were not tenable in the absence of a statutory framework.

The Court’s Decision

Justice Ravi V. Hosmani delivered the verdict, partially allowed the writ petition, issuing the following directives:

• The National Law School of India University (NLSIU) is directed to implement the directions issued by the Supreme Court in the NALSA case by formulating reservation and measures for providing financial aid to transgender individuals (TGs) in education before the commencement of the admission process for the next academic year.

• NLSIU is directed to provide an interim reservation of 0.5% (half the percentage of reservation provided for TGs in employment under the State) with fee waiver.

• The petitioner is to be admitted under the interim reservation for TGs, if there is no other TG candidate who seeks or is admitted to the III year LL.B. course for the current academic year.

• - The admission of TG candidates to the III year LL.B. course in NLSIU, in pursuance of this order, shall not be treated as excess, even if they are in addition to admissions under the current admission process, as the same will be in force only for the current academic year.

• The State is directed to take note of the claims for reservation for TGs in education and formulate a reservation and fee reimbursement policy as contained in para-135.3 in the NALSA case.

This judgment is a milestone in recognizing the rights of transgender persons in educational spaces. By directing immediate interim relief and holding institutions accountable, the court has set a precedent for inclusivity and systemic reform.