Kerala High Court orders State to provide reservation for transgender persons within 6 months

The Kerala High Court recently directed the State government to implement measures to provide reservation for transgender persons in education and public employment within six months [Aneera Kabeer C v. State of Kerala & Ors.]..A Division Bench comprising Justices A Muhamed Mustaque and P Krishna Kumar noted that despite the Supreme Court's landmark ruling in the NALSA case, the Kerala government has not taken steps to ensure reservation for the transgender community. Such reservation is essential to ensure the inclusion of the historically marginalised community, the Court underscored. "In none of the public employment notifications, a reservation is made for transgenders. The transgenders are marginalised. Their inclusion in education and public employment is imperative for development. Their voices are not heard in public employment. They also need to move forward. In the light of the Apex Court judgment in National Legal Service Authority’s case, the Government cannot delay the implementation of their rights in providing reservations to them. In such circumstances, we are of the view that the Government shall implement measures to provide reservations to transgenders within six months from the date of receipt of a copy of this judgment," the Court's judgment stated. .The case arose from petitions moved by members belonging to the transgender community seeking reservation for transgender persons in education and public employment.The Court noted that despite various interim orders passed by the Court, the enactment of the Transgender Persons (Protection of Rights) Act, 2019, and the Kerala government's subsequent framing of rules in 2020, the government had failed to implement any concrete policy to address the issue of reservation..Kerala High Court seeks State response to plea seeking reservation for transgender persons in government jobs.The Court deprecated the State for its inaction and underscored that it was duty-bound to take affirmative action to dismantle the barriers that prevent the participation of disadvantaged groups in society. "Innate human differences are a challenge to human civilization. We must be alive to acknowledge that the different groups face structural and societal disadvantages that prevent them from competing on equal footing. It is the mandate of the law that such barriers are dismantled to ensure equal opportunities.", the Court added.Further highlighting the difficulties faced by transgender individuals, the Court stated that their inclusion in education and public employment is vital for the community's development and representation."Unequals have different sets of backgrounds while competing and they would be denied equal opportunity if the circumstances leading to their inequality are not addressed. Equality is the basic feature of our Constitution..... Their inclusion in education and public employment is imperative for development.", the Court observed..Since this matter involves questions of fundamental rights, the Court deemed it appropriate to direct the government to frame policies to ensure that transgender persons get the reservations that are due to them by law and by judicial mandate. .Advocates Kaleeswaram Raj, Varun C Vijay, Thulasi K Raj, Maitreyi Sachidananda Hegde, Padma Lakshmi, Mariyamma AK and Haseena T appeared for the petitioners.State attorney N Manoj Kumar and government pleader KR Ranjith represented the State..[Read Judgment]