Supreme Court Considers Reservation for Transgender Persons in Public Employment
The Supreme Court has issued a notice to the Central Government, all States, and Union Territories, addressing a Public Interest Litigation (PIL) that seeks reservation for transgender persons in public employment. The PIL, filed by a transgender person named Subi KV from Kerala, was presented before a bench comprising Chief Justice of India DY Chandrachud, Justices J.B. Pardiwala, and Justice Manoj Misra.
Subi KV’s petition draws attention to the landmark Supreme Court judgment in the case of NALSA V. Union of India (2014), which directed the state to treat transgender persons as socially and educationally backward classes of citizens. The judgment explicitly stated,
“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.”
However, the petition underscores the fact that while the Transgender Persons (Protection of Rights) Act, 2019 has recognized various rights for transgender individuals, it has not provided for reservations in education or employment. The plea states,
“In spite of the declaration of this Hon’ble Court in NALSA (supra), the TGPs like the petitioner are deprived of affirmative action measures, in particular, reservation in employment under the state and in government educational institutions. Comprehensive measures are yet to be taken by the government to integrate the members of the community into our society and encourage their participation in educational, political, and cultural affairs.”
Highlighting the challenges faced by the transgender community, the petition refers to a report titled “Skilling for Livelihood Opportunities for TGP in India,” jointly published by The United Nations Development Programme (UNDP) and National Aids Control Organisation (NACO). The report identifies that the lack of adequate training and employment skill programs has led to a significant dearth of employment opportunities for transgender individuals.
The plea also mentions other cases, such as Grace Banu Ganesan v. State of Tamil Nadu and Others and Kabeer C v. State of Kerala and Others, which have been filed in the High Courts of Madras and Kerala, respectively. These cases also seek reservations in public employment for transgender persons, but they remain pending since 2019.
Emphasizing the urgency of the matter, the petition argues,
“Various studies and reports show that the transgender community is socially, economically, and educationally backward and their deplorable condition needs to be addressed at the earliest by enacting and implementing provisions for reservations.”
Subi KV’s plea concludes with a request for the Supreme Court
“To declare that the Petitioner and the Transgender Persons (TGPs) in general are entitled to reservation under the state for employment under the state based on Articles 14, 19, and 21 of the Constitution of India.”
The case, titled SUBI K.V. v. UNION OF INDIA AND ORS., is set to shape the future of transgender rights and inclusivity in India’s public employment sector.