KOLKATA: Calcutta high court has mandated Bengal govt to ensure a 1% reservation for transgender persons in all public jobs, noting that no quota was offered to the community despite the existing policy advocating equal treatment in employment.
In his ruling on Friday, Justice Rajasekhar Mantha instructed the state’s chief secretary to enforce this reservation, referencing the 2014 Supreme Court’s NALSA judgment – the first to legally recognise non-binary gender identities and uphold the fundamental rights of transgender people.
HC’s order followed a petition from a transgender person who was excluded from counselling or interviews despite passing teachers’ eligibility test (TET) in 2014 and 2022. Justice Mantha highlighted SC’s 2014 declaration that “hijras” and eunuchs be considered as “third gender” to protect their rights under Part III of the Constitution.
The top court had also affirmed the right of transgender people to self-identify their gender and directed both central and state govts to legally recognise their gender identity – whether male, female, or third gender.
SC had instructed both govts to classify transgender persons as socially and educationally backward classes, entitling them to reservations in educational admissions and public employment, Justice Mantha said.
Bengal’s department of women and child development and social welfare issued a notification on Nov 30, 2022, confirming that transgender persons were entitled to equal employment opportunities without discrimination. However, Justice Mantha pointed out that despite this policy, no actual reservations had been made in compliance with SC’s order.
Justice Mantha directed the secretary of WB Board of Primary Education to make arrangements for the petitioner to undergo interviews and counselling sessions.
In his ruling on Friday, Justice Rajasekhar Mantha instructed the state’s chief secretary to enforce this reservation, referencing the 2014 Supreme Court’s NALSA judgment – the first to legally recognise non-binary gender identities and uphold the fundamental rights of transgender people.
HC’s order followed a petition from a transgender person who was excluded from counselling or interviews despite passing teachers’ eligibility test (TET) in 2014 and 2022. Justice Mantha highlighted SC’s 2014 declaration that “hijras” and eunuchs be considered as “third gender” to protect their rights under Part III of the Constitution.
The top court had also affirmed the right of transgender people to self-identify their gender and directed both central and state govts to legally recognise their gender identity – whether male, female, or third gender.
SC had instructed both govts to classify transgender persons as socially and educationally backward classes, entitling them to reservations in educational admissions and public employment, Justice Mantha said.
Bengal’s department of women and child development and social welfare issued a notification on Nov 30, 2022, confirming that transgender persons were entitled to equal employment opportunities without discrimination. However, Justice Mantha pointed out that despite this policy, no actual reservations had been made in compliance with SC’s order.
Justice Mantha directed the secretary of WB Board of Primary Education to make arrangements for the petitioner to undergo interviews and counselling sessions.
