March 08,2019:
PIL seeking horizontal reservation for transgenders & intersex people in government jobs filed in Madras High Court.
The division bench comprised of Justice S Manikumar & Justice Subramonium Prasad, before which the PIL by Grace Banu Ganesan came up, directed the special government pleader Manoharan to get suitable instructions from the state government.
Referring to a Supreme Court judgement, the petitioner submitted that horizontal reservations for transgenders should be provided & implemented by the state government.
Horizontal reservations are reservation within reservation or special reservation like for females, physically challenged persons, ex-servicemen etc.
Alluding to another Apex Court order in National Legal Services Authority (NALSA) case, the petitioner said non-recognition of the gender identity of transgenders denies them equal protection of law, thereby leaving them extremely vulnerable to harassment, violence & sexual assault in public spaces, at home & in jail & also by the police.
Noting that the state government was now providing reservations to transgenders under most backward classes (MBC) category, which is a form of vertical reservation, the petitioner said there are no clear guidelines on how reservations in educational institutions & public employment should be provided to transgenders.
She also said reservation was crucial for integrating transgender & intersex persons in the mainstream society.
Reservations for transgender & intersex persons should be provided horizontally as a separate category under the "Gender identity" or "Woman" category based on the principle of self-identification recognized in NALSA & not under the vertical MBC category, she added.
Hence, the petitioner prayed for a direction to frame & implement a reservation policy for transgender & intersex persons in public employment, which provides for horizontal reservations for transgender & intersex persons.
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