Maharashtra in deep slumber, no reservation for transgender persons 8 years after Supreme Court's NALSA verdict: Bombay High Court

The Bombay High Court on Thursday batted for the rights of transgender persons and asked why the laws in the State of Maharashtra do not mirror the social progress achieved in the field of LGBTQIA rights..A bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja made the observation after it was informed that Maharashtra was one of the eleven States in the country which does not provide reservation for transgender persons in State jobs.“There are 11 states which provide this. Why should Maharashtra not provide? If society is progressing then why can’t the laws also progress,” the Court remarked. The bench further said that the State has been in "deep slumber" for 7 years, since it failed to comply with the 2014 decision of the Supreme court in NALSA case which calls for reservation for transgender persons in educational and public sectors.“If for seven years the government is in deep slumber, then what do we do? Why do we have to do it? You do not perform your functions. Which is why citizens are forced to come to courts. When courts pass orders then we are accused of overreaching. The MAT has done the right thing,” the Bench said..The remarks came while hearing a petition filed by the State challenging an order passed by the Maharashtra Administrative Tribunal (MAT) directing the State to make provisions for transgender persons to apply for posts under the State's Home Department.Advocate General Ashutosh Kumbhakoni sought a stay on the MAT order, stating that in the absence of such clear policy decision pertaining to transgender persons, it is not possible to implement the directions of the MAT in such short span of time, that too in the midst of the recruitment process. “Justice must be done in accordance with law. The appropriate direction should be to direct the State to amend rules. Please do not carry an impression that State is against transgender persons,” the AG argued..The Bench in response said that the State failed to comply with the 2014 decision of the Supreme court in NALSA case and the MAT did the right thing by passing the order under challenge."The MAT has done the right thing,” the Bench remarked..The Court asked Kumbhakoni to take instructions from the government on whether it was willing to keep two posts vacant for the transgender persons who approached MATThe case will be heard again on Friday. .A Mumbai bench of the MAT had, on November 14, directed the State to create a third option for transgender persons in application forms for all recruitments to the State Home Department.MAT’s chairperson Justice Mridula Bhatkar had also directed the State to fix the criteria for physical standards and tests, so that online applications can be accepted. Aggrieved by this order, the State filed a writ petition in High Court challenging the same..The State government in its writ petition before the High Court highlighted the administrative difficulties faced by the State to come up with a policy.The State pointed out that it is yet to frame any policy regarding the special provisions for recruitment of transgender persons, more specifically in the police force.Therefore, it is extremely difficult to implement the directions of the MAT in the ongoing police recruitment process...Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.