Implement Provisions Of Transgender Act : Karnataka HC To State Govt [Read Order]

A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi said "By way of interim relief, we direct the State Government to take immediate steps for implementation of the directions contained in paragraph 135.3 above. While doing so, the State Government will have to also take steps to implement and enforce the relevant provisions of the said Act of 2019."

The Apex Court in the case of National Legal Services Authority vs Union of India and Others, had directed the Centre and the State Governments to take steps to treat them (Transgender Persons) as Socially and Educationally Backward Classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.

The bench will be monitoring the steps taken by the State Government. It has directed the government to file an affidavit reporting compliance on or before September 29. It has posted the matter for considering the compliance report on October 1.

The direction was given during the hearing of a petition filed by Sangama a society working for the upliftment of sexual minorities, sex workers and people living with HIV.

Advocate Tarjani Desai appearing for the petitioners had relied on the judgment of the apex court, to argue that the state in its appointment notification for filling up vacancies of Special Reserve Constable Force and Bandsmen, specifies only 'Men' and 'Women' as the genders which can apply for the vacancies. Throughout the impugned notification the age, weight, and other specifications are given pertaining separately only to 'Men' and 'Women', in total disregard of the 'Third Gender'.

The plea states that "The Hon'ble Supreme Court had recognised the legal rights of the third gender persons and held that they were fully entitled to Fundamental Rights under the Constitution and under International law.

The impugned notification shows that the same is in contravention of rights of Transgender persons and the same affects the Constitutional and Fundamental Rights of the Transgender persons under Article 14, 19 & 21 of the Constitution of India".

Recruitment is to be done for filling up vacancies of a total of 2672 posts including 2420 vacancies to the post of Special Reserve Constable Force and 252 Bandsmen posts is to be done.

It is prayed for directing the state government to include a separate category for transgender persons for the post of Special Reserve Constable Force as well as Bandsmen, and consider all the applications by the transgender at par with other two gender categories. 

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