Annul actions under Roshni Act
After a High Court order declared the Roshni Act as amended from time to time as unconstitutional and unsustainable, the Jammu and Kashmir government on 31 October 2020 decided to annul all mutations, remove encroachment and retrieve such land within six months.
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Additionally, activists from the community say that this will come at a loss for Dalit, Bahujan and Adivasi transgender persons, as they will have to make a choice between availing reservation either based on caste and tribal identity or gender identity.

“This is in violation of the Constitution. SC, ST persons should be able to avail internal reservation in their categories. If trans persons from these categories do not have the choice to do that, they will be forced into two corners. Either compete with cis-gendered SC, ST persons. Or under OBC, compete with other savarna transgender persons, and cis-gendered persons from OBC communities,” said Kanmani, a trans woman and lawyer, to The Indian Express.

What has happened so far on horizontal reservations?

Since the NALSA judgment, there has been no direction from the Central government on delivering on the right to reservation for trans persons.

In 2015, Rajya Sabha DMK MP Tiruchi Siva presented the Rights of Transgender Persons Bill. Prepared with inputs from the trans community, this Private Member’s Bill, in line with the NALSA judgment, had provisions for reservation for trans persons — in the public and private sector. After being passed in the Rajya Sabha, the Bill was rejected in the Lok Sabha. Instead, the Transgender Persons (Protection of Rights) Bill, 2016 was introduced by the Centre. It had no provision for reservations.

In 2018, a parliamentary standing committee under the Ministry of Social Justice was set up. It was headed by BJP MP Ramesh Bais, now Governor of Maharashtra. The committee, again in line with the NALSA judgment, recommended reservations for transgender persons. Yet, the Transgender Persons (Protection of Rights) Act, 2019 did not have any mention of reservation — vertical or horizontal.

Alternatively, the Rights of Persons with Disabilities Act, 2016, included in its purview the right of disabled persons to accrue horizontal reservation. Since this Act has been implemented, horizontal reservation for disabled people is now ensured under the Central government.

In 2015, the Tamil Nadu government decided to categorise “transgender or eunuch (thirunangai or aravani)”, that is, only transwomen under the Most Backward Classes (MBC) category. After Sangama v State of Karnataka, Karnataka became the first and only state to offer one per cent horizontal reservation to transgender persons in 2021. In April this year, transgender persons were included in the OBC category in Madhya Pradesh.

“The aspect of the implementation [of the NALSA judgment] has really not gone anywhere. Currently, the primary challenges are legislative. This lack of action needs to be legally challenged,” Bittu K R, a genderqueer trans man and Associate Professor of Biology and Psychology at Ashoka University, told The Indian Express.

Transgender persons have filed several petitions of late in the Delhi HC, Madras HC, Rajasthan HC, etc., asking for horizontal reservation in education and jobs.

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Today's Headlines - 08 August 2023
Centre to look into ‘Havana Syndrome’
GS Paper - 3 (Health and Diseases)

The Central government has told the Karnataka High Court that it will look into the matter of the ‘Havana Syndrome’ in India, in response to a Bengaluru resident’s recent petition. The petitioner had approached the court requesting a writ of mandamus for an enquiry on Havana Syndrome in India and the prevention of high-frequency microwave transmission in India.

What is Havana Syndrome?

Havana Syndrome refers to a set of mental health symptoms that are said to be experienced by United States intelligence and embassy officials in various countries.
It is worth noting that in general, the word ‘syndrome’ simply means a set of symptoms. It does not mean a unique medical condition, but rather a set of symptoms that are usually experienced together whose origins may be difficult to confirm.
What is known as the Havana Syndrome typically involves symptoms such as hearing certain sounds without any outside noise, nausea, vertigo and headaches, memory loss and balance issues.
As the name suggests, it traces its roots to Cuba in late 2016. This was about a year after the US opened its embassy in the capital city of Havana after ties between the two countries were normalised in 2015.
Some US intelligence officials and members of the staff at the embassy began experiencing sudden bursts of pressure in their brains followed by persistent headaches, feelings of disorientation and insomnia.

Where else has Havana syndrome been reported?

Since the Cuban incident, American intelligence and foreign affairs officials posted in various countries have reported symptoms of the syndrome.
In early 2018, similar accusations began to be made by US diplomats in China. The first such report was in April 2018 at the Guangzhou consulate.
An American employee reported that he had been experiencing symptoms since late 2017. Another incident had previously been reported by a USAID employee at the US Embassy in Tashkent, Uzbekistan, in September 2017.
In 2019 and 2020, such incidents have been reported from within the US — particularly in Washington DC. One incident was even reported at The Ellipse, a lawn adjacent to the White House.
In India, the first such case was reported in the same year, when a US intelligence officer travelling to New Delhi with CIA director William Burns reported symptoms of Havana Syndrome.

What are the causes of Havana Syndrome?

No one is entirely sure. But initially during the Cuban experience, being in a country that had been hostile to the US for over five decades, the suspicion was on Cuban intelligence or a section within the Cuban establishment that did not want US-Cuba relations to normalise. It was then speculated to be a “sonic attack”.
However, further study by scientists in the US and medical examination of the victims began to suggest that they may have been subjected to high-powered microwaves that either damaged or interfered with the nervous system.

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Today's Headlines - 22 August 2023
Violation of privacy in caste survey
GS Paper - 2 (Polity)

The Supreme Court asked the petitioners challenging the Bihar caste survey what was the violation of privacy in asking people to disclose their caste after the latter contended that the exercise was clearly in violation of the top court’s nine-judge decision in the privacy case wherein it was held that the state cannot encroach on the privacy of individuals without a law to back it.

What

If somebody is asked to give caste or sub-caste, in a state like Bihar, caste is known to neighbours… Which of these 17 questions (asked as part of the survey) invades privacy, asked Justice Sanjeev Khanna, presiding over a two-judge Bench, and said the exercise was carried out on the strength of an executive order.
The Bench commenced hearing a batch of pleas challenging the 1 August decision of the Patna High Court, which gave the go-ahead to the caste survey.
Some of these petitions have claimed the exercise was an infringement of the people’s right to privacy.
The SC, he pointed out, had said that “while it intervenes to protect legitimate state interests, the state must nevertheless put into place a robust regime that ensures the fulfillment of a threefold requirement.
These three requirements apply to all restraints on privacy (not just informational privacy). They emanate from the procedural and content based mandate of Article 21.
The first requirement that there must be a law in existence to justify an encroachment on privacy is an express requirement of Article 21.
For, no person can be deprived of his life or personal liberty except in accordance with the procedure established by law. The existence of law is an essential requirement.
The caste survey, however, was carried out on the basis of an executive order, which does not even set out the aim of the exercise.
Puttaswamy judgment says privacy can be intruded upon only by a just fair and reasonable law, with a legitimate aim, which has to stand the test of proportionality.

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