Transpersons Must Get Special Reservation, Not Clubbed Under Women's Quota: Madras HC

The transpersons who have opted for the men category have been totally denied of reservation and this is also against their right under Articles 14 and 16(1), the court said

Chennai: The Madras High Court on Thursday told Tamil Nadu government to provide a separate percentage of reservation to Third Gender or Transgender persons in future public employments. The court said it is unconstitutional and unfair to identify transgender persons as women under the general quota provided for women.

According to a report on Livelaw, the court pronounced the verdict based on the petition filed by transgender persons challenging the recruitment process for Grade-II Police Constables conducted by the Tamil Nadu Uniform Services Recruitment Board (TNUSRB).

On Wednesday, a single-judge bench of Justice MS Ramesh delivering the verdict said, the decision of TNUSRB to combine transpersons who chose female category along with vacancies reserved for women is against Article 14 and 16(1) of the Constitution of India. 

As per the judgment quoted by LiveLaw, the bench said, "...the decision of TNUSRB to combine the reservation for the TGs, who identify themselves in the female category, along with the 30% vacancies for Women, is opposed to the findings and directions in NALSA. Likewise, the denial of any reservation for the TGs, who identify themselves in the male category, was also not the intent behind the findings in NALSA, as well as in Aradhana's case (supra)."

It also said, the transpersons who have opted for the men category have been totally denied reservation and this is also against their right under Articles 14 and 16(1).

Making a note of the arguments, the High Court set aside the disqualification of all petitioners.