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.
#upsc #news #reservation #theindianexpress #transgendercommunity #bombay #highcourt #variouscommunities #nalsa #socialasymmetry #sc #st #obc #policies #national #human #rights #commission #violation #constitution #uttarakhand #bihar
“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.
#upsc #news #reservation #theindianexpress #transgendercommunity #bombay #highcourt #variouscommunities #nalsa #socialasymmetry #sc #st #obc #policies #national #human #rights #commission #violation #constitution #uttarakhand #bihar