Reservation For Transgender Persons : Supreme Court Seeks Responses From 3 States, 5 UTs

The Supreme Court recently sought responses from various States and Union Territories regarding compliance with the directions given in the landmark case of NALSA v. Union Of India for devising mechanisms to give the benefit of affirmative action to the Transgender community in India. 

The response has been directed against the backdrop of a contempt petition filed earlier by members of the transgender community. They argued that despite the Supreme Court's 2014 NALSA judgment, no effective reservation policy has been formulated for transgender persons, particularly affecting their education and employment opportunities. In the decision of the National Legal Services Authority vs Union of India and Others, the court recognized the third gender and called for affirmative action to support transgender persons.

The contempt petitioners specifically sought compliance of the following direction issued in the NALSA :

"We direct the Centre and the 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 public appointments."

Additional Solicitor General (ASG), Ms Aishwarya Bhati submitted a tabulated statement showing that while many states have complied with the directions, three states (1) Sikkim; (2) Rajasthan;  and (3) Telangana and five Union Territories, namely Chandigarh, National Capital Territory of Delhi, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu, and Ladakh are yet to file their responses.

The court has ordered these states and union territories to submit their responses by  August 31 2024. Additionally, copies of this order will be served on the Standing Counsel for these regions, with additional copies sent to their Chief Secretaries. The bench of CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra ordered the following : 

"We direct that the above States and Union Territories shall file their responses no later than by 31 August 2024.

A copy of this order shall be served on the Standing Counsel for the above States/Union Territories with copies to the Chief Secretaries." 

Last year the Centre, in its response, stated that only transgender persons belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, or Economically Weaker Sections could avail the benefits of reservation. 

The  matter will now be heard on September 6, 2024 

The Supreme Court bench comprising Justice KS Radhakrishnan and Justice AK Sikri in the NALSA decision observed that the nonexistence of law recognizing transgender as a third gender could not be continued as a ground to discriminate against them in availing equal opportunities in education and employment. The Court had directed that the transgender community be treated as a socially and educationally backward class of citizens and all kinds of reservations in cases of admission in educational institutions and for public appointments be extended to them by devising welfare schemes. 

Case Details : KAMLESH & ORS. v. NITEN CHANDRA & ORS. CONMT.PET.(C) No.952/2023 In W.P.(C) No.400/2012 

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