E-Paper
SC seeks response from Centre, states on reservation for transpersons
The Supreme Court seeks responses from the Centre and states on transgender reservation, emphasizing a system benefiting all, not just individual petitioners.
The Supreme Court on Monday sought responses from the Centre and states on providing reservation to transgenders after a top court decision of 2014 had directed them to be treated as socially and educationally backward classes (SEBC) for reservation in public employment and admissions.
The order was passed by a bench of justices PS Narasimha and AS Chandurkar while hearing a petition filed by two transgender doctors demanding reservation in the NEET-PG admission. Although the students sought an order to reserve two seats for them as counselling is likely to begin soon, the court said it was more interested to ensure a system is put in place, that may benefit not just the two petitioners but all those who are similarly placed.
The 2014 judgment that came on a petition filed by National Legal Services Authority of India (NALSA) gave transgenders their recognition and identity as the third sex. The judgment issued a slew of directions for their welfare and progress, one of which included a direction to Centre and states to provide reservation benefits to members of this community, who face social ostracization, neglect, humiliation and lack of opportunities for growth.
The relevant portion of the April 15, 2014 judgment said, “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 and face the stigma in society.”
The bench said, “Two things trouble us - the implementation of the NALSA judgment is subject matter there and how much reservation and how in which manner we direct the state governments by way of notification….The question we are asking is that, how to take a holistic view in providing the reservation for transgender.”
Appearing for the two transgender petitioners, senior advocate Indira Jaising along with advocate Paras Nath Singh said that despite a clear direction by the court, states and Centre are liable to face contempt of court proceedings. As the two petitioners belonged to states of Andhra Pradesh and Tamil Nadu, Jaising requested the court to reserve seats for the two candidates till the Centre and states come forth with their responses.
The bench observed, “The real problem is, the implementation of the NALSA judgment which says there must be a reservation, and there must be quantification of the reservation. Upon quantification, then automatically there will be a policy decision and the number of positions for reservation will be declared. Today, just two people have come here, there could be more meritorious people and there would be competition.”
Additional solicitor general (ASG) Archana Pathak Dave appearing for Centre said that the Union government has taken a stand that a transgender person can avail reservation granted to Scheduled Castes, Scheduled Tribes, Other Backward Classes, or Economically Weaker Sections while no separate reservation can be provided.
The court asked her to file a response on the number of seats to be reserved for transgenders on an All-India basis. “We will not be driven by individuals who have come before us. We will be driven by implementing NALSA across the board for everybody,” it added.
