Transgender persons can avail already earmarked reservations, Centre tells SC

New Delhi, July 26 (IANS) The Centre has informed the Supreme Court that the transgender persons can avail the already earmarked reservations in jobs and educational admissions and there is no separate reservation being provided to them. 

In 2014, the top court directed the Centre and the state governments to treat transgenders as “socially and educationally backward classes" and extend all kinds of reservation to them in cases of admission in educational institutions and for public appointments. The historical verdict recognised the “third gender” and granted legal recognition to their gender identity.

In March this year, the Supreme Court had issued a contempt notice on a petition alleging non-compliance of its order rendered in the landmark case of National Legal Services Authority versus Union of India.

“The benefits of reservation in matters of direct recruitment in Central Government Services and in 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%. In this regard, it is respectfully submitted that the benefits of any of the reservations including the above four reservations can be availed by the marginalised and eligible population of the country including transgender persons,” said the Centre in its reply. 

The affidavit filed by the Secretary in the Union Ministry of Social Justice and Empowerment said that the “transgender belonging to SC/ST/SEBC communities are already entitled to reservations earmarked for these communities.”

Further, it added that any transgender outside the SC/ST/SEBC communities with family income Rs 8 lakh is automatically covered in the EWS category. 

The affidavit highlighted the several other steps taken by the Union Government to ameliorate the problems of the transgender community.

It said that a national portal for transgender persons has been launched by the ministry for obtaining transgender certificate of Identity.

Also, a National Council for Transgender Persons has been constituted on August 21, 2020 to advise the government on policies, programmes, legislation and projects with respect to transgender persons.

It stated that recommendations made by an Expert Committee constituted by the ministry were duly incorporated in the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020.