Bombay HC Issues Notice To Maha Govt Over Non-inclusion Of Transgenders In PSU’s Job Quota

Bombay High Court directed the Maharashtra Government and the State Public Service Commission to reply to PIL seeking reservation for transgender in PSU jobs.

Written By Srishti Jha

In a key development, the Bombay High Court on Tuesday directed the Maharashtra Government and the State Public Service Commission to respond to a PIL seeking reservation for employment of transgender community members in state-operated establishments. A PIL had been filed before the Bombay HC seeking to implement Supreme Court guidelines mandating the inclusion of transgender persons in Public Sector Units.

The petitioners, NGO Sampada Grameen Mahila Sanstha and Community-based Organisation Muskan Sanstha, along with  Vinayak Kashid and Arya have questioned the state over the breaches in its constitutional obligation.

“The state of Maharashtra has failed to fulfil its Constitutional obligation under Article 14 and Article 21 towards the members of the transgender community in Maharashtra,” the PIL stated while adding that the non-inclusion of transgender, “as per the NALSA judgement… amounts to violation of fundamental rights under Article 14, 19(1)(a) and 21 which guarantee right to equality, freedom of speech and expression, and right to life and dignity.”

Will transgender persons avail reservations in employment at Public Sector Units?

The PIL poses grave queries with regards to the non-implementation of the Top Court’s judgement in 2014, wherein, members of the aforementioned community were recognised as the ‘third gender’. Notably, Fundamental Rights as guaranteed to persons and enshrined under Part III of the Constitution of India were extended to the third gender comprehensively. The petitioners, who are aggrieved transpersons, told the court about the immeasurable plight they have undergone and the challenges the third genders have to face to secure employment in the state.

It was brought to the fore that one of the petitioners had applied for employment in the Maharashtra State Electricity Transmission Company, but could not succeed as the ‘third gender’ option was unavailable in the initial application process itself.

Recognise transgender as ‘third gender’: SC orders in 2014

Also, the PIL mentioned that the RTI applications were not responded to, except stating that queries are ‘in progress’ while written complaints to MP Supriya Sule, Transgender board of Maharashtra, then Home Minister Anil Deshmukh and CM Uddhav Thackeray received no response.

Earlier in April 2014, a Supreme Court bench comprising Justices KS Radhakrishnan and AK Sikri directed the State government and the Centre to recognise transgender as the ‘third gender,’ in a bid to recognise the third sex and confer benefits akin to socially and economically backward communities. They had held that non-existing statutes recognising the third gender should and cannot be a ground to continue their ordeal and absence from society.

Courtesy : Republic World

Note: This news piece was originally published in republicworld.com and used purely for non-profit/non-commercial purposes exclusively for Human Rights objectives.