Reservation for transgenders: 'If there is a hanging sword, then things move faster', Bombay HC slams Maha government

Observing that things move faster if there is a hanging sword, the Bombay high court on Monday once again asked the Maharashtra government to consider granting reservation to transgender persons in the areas of education and employment.

A bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne said: “If there is a hanging sword, then things move faster.” The HC made the observation while hearing a petition filed by one Vinayak Kashid, 30, a postgraduate in technology (electrical power systems), who identifies herself as a trans person. Kashid has sought modification to the advertisement issued by Mahatransco in May this year for mass recruitment.

Reservation provided in Karnataka, same can be adopted in Maharashtra

Kranti LC, Kashid’s advocate, informed the Court that 1% reservation was provided in all caste categories in Karnataka. He prayed that such reservation policy be adopted in Maharashtra as well.

When the bench asked Advocate General Birendra Saraf why such a policy was not brought in Maharashtra, Saraf responded that transgender people got reservation under the Socially and Economically Backward Classes (SEBC) section.

The judges then asked what would happen in case of transgender people in the general category. “There will not be transgenders only in the Socially and Economically Backward Classes (SEBC). SEBC will require no creamy layer certificate. There will be some transgenders in scheduled caste (SC), some in general, so why not give reservation across all categories?” asked justice Gangapurwala.

The Court asked the AG convey its suggestion to the newly-formed committee under the social justice department of the State government.

On March 3, the Maharashtra government issued a government resolution (GR) for the recruitment of transgenders in employment and education. It stated that a 14-member committee has been set up under the social justice department, which majorly comprises secretaries of various State departments and psychologists.

The court wants clarification from the government

The bench said it expects clarification from the government on the modality of reservation for transgender persons while keeping the matter for hearing on June 7.

Saraf, however, requested for three months’ time for the committee to prepare and submit its report.

Kashid’s plea claimed that though Mahatransco allowed persons of the third gender to apply for the said vacancies, no reservation was provided for candidates belonging to the category. This was despite previous judgments of the Supreme Court directing that such reservation be provided, it added.