Creating Separate Unit For Transgender Police Personnel Give Them 'Respectful Representation': Bihar Govt. Submits To Patna HC

The submission was made before the Bench of Chief Justice Sanjay Karol and Justice S. Kumar through an affidavit filed by Amir Subhani, Additional Chief Secretary, Government of Bihar.

Significantly, the affidavit by the State Government states,

"The object of giving respectful representation in public employment is the inclusion of the transgenders into mainstream of the society as well as to boost their morale and thereby motivating them to deliver best i.e., good society. It would also help to change the perception of the society towards transgenders."

Further, the Government has also submitted before the High Court that since the population of the transgender in Bihar is 0.039% of the total population of the State, therefore, it is considered not feasible to create a separate battalion for transgenders.

The decision to create a separate unit of Transgender Police Personnel named as Special Unit (Transgender) at the District Level has been taken by the State Government in view of the fact that the low population of transgender community in the State.

"The possibility of eligible candidate of transgender community for appointment of constable and sub inspector of Police would also be very low," submits the affidavit.

Court's observations

It may be noted that on 14^th December, while reminding the State to adopt a sensitive approach, the Patna High Court had asked the Bihar State to enable the Transgender community to apply for the post of Constable.

Also, recently, the Bihar Government had informed the Patna High Court that vide notification dated 14^th January, 2021, it has taken a decision for providing reservation in appointment to the post of Constables/Sub-Inspectors, for the persons belonging to the Transgender Community.

Further, appreciating the stand taken by the government, the Court remarked,

"Even though, the unit is small, but it is a big step in acknowledging the identity of the persons belonging to such community having a total population of about forty thousand persons which is 0.039% of total population of Bihar."

It was also submitted before the Court that at the earliest and not later than three months, the requisition for selection and appointment of the members of the Transgender Community shall be sent to the Central Selection Board of Constables.

Lastly, the Court expressed its hope that the government will adopt the same mechanism of charging the lowest amount of fee as is fixed for the candidates belonging to the reserved category.

Notable orders of other High Courts

The Calcutta High Court recently directed the Chief Secretary of the West Bengal State to take immediate steps to set up a Grievance Redressal Forum and Mechanism in the State in terms of Section 11 of the Transgender (Protection of Rights) Act of 2019.

The Allahabad High Court last month quashed the order of the cancellation of the appointment of the petitioner (one Pramod Kumar Sharma) on account of a viral video of the petitioner.

The Bench of Justice Sunita Agarwal noted that in the Counter Affidavit (filed by the officer who had passed the order of cancellation) the sexual orientation of the petitioner was stated to be indulgence in any untoward activity.

Underlining that the transgender communities are required to be accorded equal status as the other prevalent genders of society, the Calcutta High Court recently issued a direction that reservation and other benefits for transgenders in Joint CSIR-UGC NET Examinations at all levels be provided immediately.

Further, while noting that Transgender Persons (Protection of Rights) Act, 2019 permits a transgender person to have a right to be recognized and such transgender is permitted to have a right to self-perceived gender identity, the Bombay High Court (Aurangabad Bench) on Saturday (02^nd January) allowed a transgender to contest village panchayat polls as a Woman candidate.

The Bench of Justice Ravindra Ghuge allowed the plea filed by Anjali Guru Sanjana Jaan, who challenged an order passed by the returning officer who rejected her nomination for the village panchayat polls.

Also, the Centre has recently informed the Delhi High Court that Transgender shall now be included as a separate gender category in Prison Statistics Report prepared by the National Crime Records Bureau (NCRB).

The Kerala High Court has also observed that "Person cannot be denied a legitimate right only because she is a transgender".

Justice Devan Ramachandran noted this, while hearing a plea filed by a Transwoman, challenging Section 6 of the National Cadet Corps Act, 1948 as illegal and ultra vires of Articles 14, 15 and 21 of the Constitution of India.

Case title - Pallabi Chakraborty v. The State of West Bengal & Ors. [W.P.A. 3962 of 2021]

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