Implement Measures To Provide Reservations To Transgenders In Education & Public Employment Within 6 Months: Kerala HC To State Govt.

Through the Writ Petitions, the Transgenders sought a direction to be given to the State Government to provide reservations to them in education and public employment.

The Division Bench comprising Justice A. Muhamed Mustaque and Justice P. Krishna Kumar said,“We also note that the Government has taken various measures to assist transgenders through different Government orders from 2015 onwards. Yet, the Government failed to evolve policies providing reservations to transgenders.”

Advocate Kaleeswaram Raj represented the Petitioners while Advocate K.P. Pradeep represented the Respondents.

Factual Background

The petitioners in these cases are aspirants of public employment. In none of the public employment notifications, a reservation is made for transgenders.

These petitions were filed in the light of the declaration of law by the Apex Court regarding the right of transgenders in National Legal Services Authority v. Union of India and Ors. (2014). The High Court had passed various interim orders earlier, however, nothing came out effectively to provide reservations to the transgenders.

Reasoning

The Bench said, “While ordinarily this Court may not interfere in the policy domain of the Government, in cases involving fundamental rights and a clear direction from the Apex Court existing, the judicial role in enforcing such rights become imperative. The continued inaction by the Government, despite clear legal and constitutional obligations, leaves this Court with little choice but to consider issuing appropriate directions to ensure compliance with the constitutional and legal mandate.”

The Bench referred to the ruling of the Apex Court directing 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. Reliance was also placed upon the Transgender Persons (Protection of Rights) Act, 2019.

“The transgenders are marginalised. Their inclusion in education and public employment is imperative for development. Their voices are not heard in public employment. They also need to move forward”, the Bench opined.

The Bench also explained that in the absence of any statutory provisions or executive orders providing for reservation of education in public employment, the agony faced by the transgenders continues and they are not in a position to compete with advantaged groups. Thereby, they have been denied equal opportunity in education and public employment.

Asserting the fact that the Government can’t delay the implementation of their rights in providing reservations to them, the Bench held, “In such circumstances, we are of the view that the Government shall implement measures to provide reservations to transgenders within six months from the date of receipt of a copy of this judgment.”

Cause Title: Kabeer C. v. State of Kerala & Ors. (Neutral Citation: 2024: KER: 98332)

Appearance:

Petitioners: Advocates Kaleeswaram Raj, Varun C. Vijay, Thulasi K. Raj, Maitreyi Sachidananda Hegde

Respondents: Advocates K.P.Pradeep, Hareesh M.R., Sanand Ramakrishnan, Neena Arimboor, Rasmi Nair T., T.Thasmi, M.J.Anoopa, State Attorney N.Manoj Kumar, Government Pleader K.R. Ranjith, CGCKrishna T C,

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