Maharashtra Govt To Consider Reservation For Transgenders, As Per Bombay HC's Order

The Bombay High Court on Monday directed Maharashtra Government to build a reservation policy for transgender persons in government-funded educational institutions and for government jobs up until 7th June.

The cause of this judgement by the HC is Vinayak Kashid, a transgender Undergraduate in Electrical Engineering and a Postgraduate in Technology (Electrical Power System Engineering). He filed a petition against MahaTransco this year and demanded for modification in the advertisement by the concerned organisation, as their mass recruitment did not include a special reservation category for the transgenders.

Kashid's lawyer, Advocate Kranti LC, presented an argument in the court that states that one percent reservation is provided for transgender persons irrespective of caste categories in the state of Karnataka. Thus, such a reservation policy is also liable in the state of Maharashtra.

On further questioning by the court so as to why the reservation has not been adopted by the state government yet, the defence Advocate General Birendra Saraf informed the court that transgender persons have been provided with reservations, but under the Socially and Economically Backward Classes (SEBC) section in the state. This indicates the lack of distinction and acknowledgement of the third gender persons and their incentives in the state.

Opening Opportunities For Third Gender Individuals

When Advocate Saraf further asked the judges for more time, in response received the remark that “If there is a hanging sword, then things move faster,” as per a report in Outlook India.

In accordance to all the arguments presented in the session, the division bench of Acting Chief Justice S V Gangapurwala and Justice Sandeep Marne directed for a committee to be set up by the state government for the concerned issue. The court also asked the AG to convey suggestions regarding the newly-formed committee under the social justice department of the state government of Maharashtra.

The state has issued a government resolution (GR) on March 3, 2023, for the recruitment of transgenders in employment and education across all the categories, which emerges as a positive and prompt outcome of the petition by Kashid.

The effective demand of reservation for transgenders has cleared a slumber in the state of Maharashtra, as this event has occurred after long eight years when the Supreme Court ordered for opening the doors of education and employment for the third gender individuals.

Also read: Antibiotics Should Not Be Used In COVID Unless Suspicion Of Bacterial Infection: Centre