Horizontal Reservation Of Transpeople In India: A Step Towards Substantive Gender Equality Or Not

Anant Meera, LL.M, Department of Laws, Guru Nanak Dev University, Amritsar.

ABSTRACT

The struggle of trans community in India to find place in ‘We the People of India’, found considerable strength in the landmark judgement of NALSA v. Union of India1. However, in the practical arena, there are multi fold challenges that have mushroomed in the aftermath of this authority. Hon’ble Supreme Court, directed the Central and the State governments to recognise third gender persons as a “socially and educationally backward class of citizens”, entitled to reservations in educational institutions and public employment, thus taking a step forward for an affirmative action for their better public representation. The nature of the reservation, unfortunately has not been clarified by the Apex Court, and cherry on the top is, the inaction of the central and the state governments in implementing these directions. Up till now Karnataka is the only state to provide them 1% reservation, which could not have become possible if a writ petition was not being filed in the Karnataka High Court by an organisation, working for sexual minorities and trans community. Resentment has caused transpeople from various states to be embroiling in protests for demand of horizontal reservation to them, thus delivering of the substantive equality they deserve.