Tamil Nadu HC Advises Special Reservations For Transgenders

Apart from other flexibilities and allowances given to the socially and economically backward classes, the Madras High Court strongly advised the Tamil Nadu government on Wednesday to provide a specific preservation special reservation for Transgenders/Third Genders (TGs) in potential public employments.

Upon granting a batch of writ petitions by Saratha, a TG, and seven others, Justice MS Ramesh made the suggestion.

What the Court has to say about it?

The Court also argued that the government should grant TGs who identify as male or ‘Third Gender’ allowances in the physical measurement, endurance, and physical efficiency examinations, similar to those granted to female candidates and other socioeconomically disadvantaged groups.

The judgment stated that while awarding any reservation, concessions, or relaxations to the TGs, the State government must consider the ratio used to grant similar privileges to other socially and economically backward groups and use the same process to determine these rights for the TGs.

The petitioners stated that the concessions and relaxations awarded to them by the Tamil Nadu Uniform Services Recruitment Board (TNUSRB) in the common recruitment procedures for Grade-II constables and other positions in 2017-18, 2019 and 2020 were inadequate and in violation of Supreme Court and this Court’s orders, and added up to hostile discriminatory practices.

Why are the suggestions and changes necessary?

Previously, the judge noted that, in the National Legal Services Authority (NALSA) case, the Supreme Court had specifically directed state governments to provide a reserved seat in public employment, including the third gender who applied under the female category, in addition to the reservation for women candidates.

Then such, Articles 14 and 16(1) of the Constitution, which guarantee equality before the law and equal opportunity in public employment, would be infringed.