Reservation To Be Provided To Transgender Community In Appointment To Post Of Constables/Sub-Inspectors: Bihar Govt. Tells Patna High Court

The Bihar Government has informed the Patna High Court that vide notification dated 14th January, 2021, it has taken a decision for providing reservation in appointment to the post of Constables/Sub-Inspectors, for the persons belonging to the Transgender Community. Appreciating the afore-said decision of the Bihar Government, the Bench of Chief Justice Sanjay Karol and Justice Prabhat Kumar Singh further noted, "Accounting for the total population of the Transgender Community in the State of Bihar, as per 2011 census, one post for every 500 post of Constable/Sub-Inspector stands reserved." Before the Court, the Advocate General was reading out the contents of the affidavit dated 18th January 2021 filed by Additional Chief Secretary, Home Department, Govt. of Bihar, Patna. It may be noted that during the last hearing in this matter, which took place on 22nd December 2020, the Advocate General had informed the Court that the Government was going to take a decision which would benefit the Transgender Community as a 'Class'/category. Now, on Monday, noting the submission of the State Government, the High Court listed the matter on 28th January, 2021 in the category of 'Order Matters'. Background While reminding the State to adopt a sensitive approach, the Patna High Court had, on 14th December, asked the Bihar State to enable Transgender community to apply for the post of Constable. The Bench of Chief Justice Sanjay Karol and Justice S. Kumar had perused the advertisement issued by the Central Selection Board of Constable and said, "From the Advertisement, it is not clear as to whether persons falling under the provisions of the Transgender Persons (Protection of Rights) Act, 2019 (hereinafter referred to as the Act) can even apply for the post or not. The Advertisement only specifies the gender of the applicants to be Male or female." The Court had further asked the state, "Does it imply that the persons hailing from the Transgender Community are precluded from applying at all, or should not the authorities clarify that it shall also be open for such persons to apply? Significantly the candidates are required to apply online, and in the said form there is no reference of the applicants falling with the purview of the Act, enabling them even to apply." Importantly, the Court had remarked "Prima facie what we find is that the persons belonging to the Transgender Community are totally precluded from the process of applying for a post of a constable, much less, agitate their right of reservation." Previous orders of the Patna HC related to the PIL It may be noted that the Patna High Court had, on 21st September 2020, asked the State Government to explain and clarify the steps taken for affording reservation in the field of education or services to the members of the Transgender community. The Patna High Court on Wednesday (09th September) asked the State Government to think about enhancing the economic support to the members of the Transgender community who, "at this point in time, are suffering acute hardship, more so on account of the nature of the activity to which they are engaged." On 27th August, the Patna High Court had sought a report from the Central as well as the State Government, delineating the steps taken by them to implement the welfare provisions contained under Transgender Persons (Protection of Rights) Act, 2019. Further, the Patna High Court on 20th May had directed the Government to ensure that the persons belonging to the Transgender community are not deprived of food grains distributed under the social security schemes, solely for not possessing a ration card. The Division Bench comprising Chief Justice Sanjay Karol and Justice S. Kumar had also asked the Government to show steps taken for compliance with the implementation of the directions issued by the Supreme Court in National Legal Services Authority v. Union of India. Notable orders of other High Courts In related news, noting that Transgender Persons (Protection of Rights) Act, 2019 permits a transgender person to have a right to be recognized and such transgender is permitted to have a right to self-perceived gender identity, the Bombay High Court (Aurangabad Bench) on Saturday (02nd January) allowed a transgender to contest village panchayat polls as a Woman candidate. The Bench of Justice Ravindra Ghuge allowed the plea filed by Anjali Guru Sanjana Jaan, who challenged an order passed by the returning officer who rejected her nomination for the village panchayat polls. Also, the Centre has recently informed the Delhi High Court that Transgender shall now be included as a separate gender category in Prison Statistics Report prepared by the National Crime Records Bureau (NCRB). The Kerala High Court has also observed that "Person cannot be denied a legitimate right only because she is a transgender". ...

Reservation To Be Provided To Transgender Community In Appointment To Post Of Constables/Sub-Inspectors: Bihar Govt. Tells Patna High Court

Sparsh Upadhyay

Accounting for the total population of the Transgender Community in the State of Bihar, as per 2011 census, one post for every 500 post of Constable/Sub-Inspector stands reserved.

Tags