Report Steps Taken To Provide Reservation To Transgenders In Educational Institutions & Public Appointments: Kerala High Court To Centre

The Kerala High Court recently directed the Central government to furnish the steps taken for providing reservation to the transgender community in cases of admission in educational institutions and for public appointments. 

The court was adjudicating upon a plea filed in 2019 seeking the State to come up with positive steps to ameliorate the agony, fate, and plight of transgenders as dictated in the Supreme Court's NALSA ruling.

A Division Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly issued the direction after suo motu impleading the Secretary to the Government, Social Justice and Empowerment Department, Union of India as an additional respondent in the matter. 

"as directions have already been issued by the Hon'ble Apex Court as stated supra and taking note of the pendency of the writ petition from the year 2019 onwards, exercising the power under Article 226 of the Constitution of India, we deem it fit to implead the Secretary to the Government, Social Justice and Empowerment Department, Union of India, New Delhi, as additional respondent No. 4. " 

The Supreme Court in 2014 had recognised the rights of the transgender community in a landmark decision National Legal Services Authority v. Union of India & Ors and ruled that they shall be provided with the benefits of socially and economically backward classes of citizens.

Based on this decision, the petitioner who is a member of the community sought a declaration that the transgenders are entitled to reservation for employment under the State as well as admission to Government educational institutions based on Articles 14, 19 and 21 of the Constitution of India.

Advocate Thulasi K. Raj appearing for the petitioner submitted that the State Government had issued an Order to provide reservation for Transgenders in the matter of admission to educational institutions.

However, the Bench noted that no material about the steps taken was made available before it, particularly regarding reservation in public employment. 

The Court further noted that although directions had been issued to the Central and State to take steps to treat the community as a socially and educationally backward class and extend all kinds of reservation in academic admissions and public appointments, the Central had not been made as a party to the writ petition.

As such, the Centre was impleaded into the matter and the Assistant Solicitor General of India takes notice for the impleaded respondent.

In the previous hearing of the matter, the Court had directed the Member Secretary, Kerala State Legal Services Authority to submit details of the steps taken for the welfare of transgenders, as well as for the implementation of the Apex Court decision. 

The matter will be taken up again on 5th January 2022.

Case Title: Kabeer C. v. State of Kerala & Ors.

Click Here To Read/Download The Order