Supreme Court Reviews Bihar’s Decision to Classify Transgender Identities as Castes: Reshma Prasad Challenges State’s Move
Trans activist Reshma Prasad has approached the Supreme Court, challenging the Bihar government’s decision to categorize transgender identities under caste lists for the state’s caste survey. The decision, as outlined in a June 6 notification, has been labeled as
“Unconstitutional, manifestly arbitrary, and against the spirit of the Supreme Court’s precedents,”
including the landmark 2014 NALSA judgment which recognized the fundamental right of gender self-identification.
Prasad’s plea comes after the Patna High Court declined their request to remove this classification from the survey. While the High Court acknowledged the error in including transgender identities under the caste category, it refrained from intervening, suggesting Prasad submit a representation to the State Government.
The petition argues that the classification infringes on several constitutional rights, including Articles 14 (right to equality), 15 (prohibition of discrimination), 16 (equality of opportunity in public employment), 19(1)(a) (freedom of speech and expression), and 21 (right to life and liberty). It also contravenes the Transgender Persons (Protection of Rights) Act, 2019. The petition states:
“Classifying transgender individuals under the caste category in the Bihar caste census violates Article 14, 15, 16, and 21 of the Constitution, as well as the Transgender Persons (Protection of Rights) Act, 2019. This is in disregard of the precedents set by the Supreme Court in Anuj Garg v. Hotel Association of India (2008) and National Legal Service Authority v. Union of India (2014), and is thus manifestly arbitrary and liable to be struck down…The state government’s action in categorizing hijra, kinnar, kothi, and transgender (third gender) as a separate caste code at serial number 22 is void ab initio.”
Prasad also highlighted the NALSA verdict, which recognized ‘hijras’ and eunuchs as ‘third gender’ and emphasized the Bihar government’s obligation to protect transgender individuals from discrimination.
The plea further criticized the Patna High Court’s suggestion to approach the state government, asserting that a representation had already been made in April 2023, seeking equal identification during the caste-based survey.
In conclusion, Prasad emphasized that the improper categorization of the transgender community as a caste in the 2022 Bihar caste survey has led to discrimination and deprived community members of their right to self-identify their gender.
The case, titled “Reshma Prasad v. State of Bihar | Diary No. 36554 of 2023,” is currently under review. The petitioner is represented by Advocate-on-Record Tanya Shree, assisted by Advocate Ritu Raj.
The caste survey, initiated by the Chief Minister Nitish Kumar-led Bihar government, began on January 7 this year. Its aim is to digitally compile data on families from the panchayat to the district level. The survey has faced criticism for its inclusion of ‘kinnar’, ‘kothi’, ‘hijda’, and ‘transgender’ as distinct castes among a list of 214 named castes.
Stay tuned for more updates on this evolving legal challenge.
