PIL seeks reservation for transgenders; SC notice to Centre, states and UTs

New Delhi, August 26

The Supreme Court has issued notices to the Centre, states and union territories on a PIL seeking reservation for transgender persons in government jobs and educational institutions.

Acting on a petition filed by Subi KV—a transgender person – a three-judge Bench led by Chief Justice of India DY Chandrachud on Friday asked the Centre, states and UTs to spell out their stand on the issue.

The petitioner relied on the Supreme Court 2014 verdict in the NALSA case in which the Supreme Court had directed the Centre and state governments “to take steps to treat them as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for the public.”

The petition has urged the top court to declare that the petitioner and transgender persons in general are entitled to reservation for employment under the State.

“Various studies and reports show that the transgender community is socially, economically and educationally backward and their deplorable condition needs to be addressed at the earliest by enacting and implementing provisions for reservations,” the petitioner submitted.

Noting that various states such as Kerala, Karnataka, Madhya Pradesh and Tamil Nadu have taken various measures for the benefit of transgender persons, the petitioner said reservation in public employment remained unaddressed.

“This void causes a lot of problems for the transgender community and they still struggle to be incorporated into mainstream society, suffering on the outskirts,” the petitioner submitted.

The petition contended that despite the top court’s verdict in the NALSA case, transgender persons were deprived of affirmative action and comprehensive measures were yet to be taken by the Government to integrate them into the society and encourage their participation in educational, political and cultural affairs.