In a recent development, the Supreme Court of India has taken a significant step by issuing notices to the Central Government, all States, and Union Territories regarding a Public Interest Litigation (PIL). The PIL seeks to address the matter of reservation for transgender persons in public employment.
PIL Filed by Transgender Individual
The PIL in question was presented before a bench comprised of Chief Justice of India DY Chandrachud, along with Justices J.B. Pardiwala and Mr. Justice Manoj Misra. The petitioner, Subi KV, is a transgender person (TGP) who has initiated this legal action.
Reference to Landmark Judgment and Existing Policies
The PIL refers to the landmark ruling of the Apex Court in the NALSA v. Union of India case (2014) 5 SCC 438. In this case, the court directed the government to institute reservation provisions for transgender persons, categorizing them as socially and educationally backward citizens. The PIL also highlights the efforts of various states, such as the Kerala government’s Transgender Policy, as well as policies from states like Karnataka, Madhya Pradesh, and Tamil Nadu, aimed at addressing the needs of transgender persons.
Lack of Progress in Employment Reservation
Despite the measures taken for the welfare of transgender persons, the PIL asserts that reservations in employment have not been adequately addressed by both the Central and state governments. Many states lack a defined policy related to transgender persons, leading to difficulties in their integration into mainstream society.
The Struggle for Inclusion
Transgender persons continue to face challenges in becoming part of mainstream society due to the absence of affirmative action, particularly in terms of employment reservations.
Citing Reports on Employment Challenges
The PIL cites a report titled “Skilling for Livelihood Opportunities for TGP in India,” jointly published by the United Nations Development Programme (UNDP) and the National Aids Control Organization. This report underscores the lack of adequate training and employment programs for transgender persons, resulting in a dearth of employment opportunities.
Legal Precedents
The petitioner also draws attention to ongoing cases such as Grace Banu Ganesan v. State of Tamil Nadu and Others WP 21631 of 2024, and Kabeer C v. State of Kerala and Others WP(C) NO. 29247 OF 2019(S), pending in the Madras High Court and Kerala High Court. These cases, like the present PIL, advocate for employment reservations for transgender persons.
Petitioner’s Prayer and Arguments
Citing various studies indicating the social, economic, and educational backwardness of the transgender community, the petitioner implores the Apex Court to declare that transgender persons are entitled to reservation under the state for employment. This plea is based on Articles 14, 19, and 21 of the Constitution of India.
This PIL, filed by Subi K.V. through advocate Mohammed Sadique TA and with legal contributions from Advocates Thulasi K Raj and Kaleeswaram Raj, brings attention to the pressing need for employment reservations for transgender individuals. The Supreme Court’s issuance of notices signifies a significant step toward addressing this issue.
