Panel orders 'favourable' report on recognition of school for transgenders
The Haryana Human Rights Commission (HHRC) today directed Additional Chief Secretary (ACS), School Education, and Director, Elementary Education, to give a “favourable” report on the recognition of ‘Haryana Public School’, a primary school set up by a transgender for socio-economic inclusion of transgenders and education for under-privileged children.
Aditi Sharma, a transgender person, has challenged the non-recognition of the school before the commission. The Director of Elementary Education, in his report dated February 17, pointed out poor school infrastructure and road conditions, inadequate sanitation, and insufficient drinking water arrangements. Also, as per the amendment to the Haryana School Education Rules in 2021, the land criterion for a primary school in an urban or controlled area is 1,500 sq metres, whereas Haryana Public School, established in 2014-15 in Karnal, has an area of 800 sq metres.
Discussing the provisions of Transgender Persons (Protection of Rights) Act 2019, the Bench comprising Chairman of the commission, Justice Lalit Batra (retd), judicial member Kuldip Jain, and member Deep Bhatia, said the Director of Elementary Education qualified as “appropriate government” under Section 8 of the Act.
The order added that Section 14 of the Act acknowledges the rights of transgender persons to access opportunities for self-employment, and “it is obligatory on the part of the ‘appropriate government’ to formulate welfare schemes and programmes that facilitate and support livelihood for transgender persons, including avenues for self-employment”.
It added that in light of Section 22 of the Act, it fell within the domain of “appropriate government” to “incorporate specific welfare schemes by extending relaxations for transgender persons under the Haryana School Education Rules, 2003 (as amended on April 16, 2021)."
The Bench also directed ACS and Director, Elementary Education, to be present in person on the next date of hearing (May 2) "to assist the Commission in the matter”.
