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Central Government Submits No Separate Reservation for Transgender Persons

The Central government has submitted in an affidavit that there is no separate reservation being provided for transgender persons in education or employment. The submission was made in response to a contempt of court petition for non-compliance with the Supreme Court’s directions in the case of National Legal Services Authority (NALSA) vs Union of India.

No Separate Reservation for Transgender Persons

The Central government clarified that transgender persons can avail reservation benefits if they belong to scheduled castes (SC), scheduled tribes (ST), socially and economically backward classes (SEBC), or economically weaker sections (EWS). The benefits of reservation for direct recruitment in Central Government Services and admission to Central Government Higher Educational Institutions are as follows:

• Scheduled Castes (SC) ★15%
• Scheduled Tribes (ST) ★7.5%
• Socially and Educationally Backward Classes (SEBC) ★27%
• Economically Weaker Sections (EWS) ★10%

The affidavit stated, “It is respectfully submitted that the benefits of any of the reservation including the above 4 reservations can be availed by the marginalized and eligible population of the country, including transgender persons.”

Contempt of Court Petition

The affidavit was filed in response to a contempt of court petition that accused the Central government of not complying with the Supreme Court’s directions in the NALSA vs Union of India case. The petition raised concerns about the lack of separate reservation for transgender persons in education and employment.

The Supreme Court had previously recognized transgender persons as a third gender and granted them various rights and protections. However, the issue of separate reservation remains unresolved.

Implications for Transgender Persons

The Central government’s submission implies that transgender persons will not have a separate quota for education or employment. Instead, they can access reservation benefits if they fall under the existing categories of SC, ST, SEBC, or EWS. This decision may have implications for the inclusion and representation of transgender persons in various sectors.