The Supreme Court upheld the right of transgender persons to self-identify their gender and directed the Centre and state governments to grant legal recognition of their gender identity, whether male, female, or third gender.
The Calcutta High Court has directed the West Bengal government to ensure a one percent reservation for transgender persons in all public employment in the state. Justice Rajasekhar Mantha issued this directive, highlighting that although the state government adopted a policy of equal treatment in employment for transgender individuals, no specific reservation had yet been implemented.
The order was passed in response to a petition by a transgender person who had successfully passed the Teachers’ Eligibility Test (TET) in both 2014 and 2022 but was not called for counseling or interviews. Justice Mantha noted that the Supreme Court, in a 2014 judgment, declared ‘hijras’ and eunuchs as “third gender” to protect their rights under the Constitution. The apex court also upheld transgender persons’ right to self-identify their gender and directed the Centre and state governments to grant legal recognition of their gender identity as male, female, or third gender.
Furthermore, the Supreme Court directed governments to treat transgender persons as socially and educationally backward classes, extending reservation benefits in educational institutions and public appointments. The West Bengal chief secretary informed the high court that on November 30, 2022, the state’s Department of Women and Child Development and Social Welfare issued a notification guaranteeing equal employment opportunities for transgender individuals, free from discrimination. Justice Mantha pointed out that despite this notification, the mandated reservation for transgender persons had not been implemented in the state. He directed the chief secretary to ensure the one percent reservation and also instructed the secretary of the West Bengal Board of Primary Education to arrange for the interview and counseling of the petitioner as a special case.
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