Context: The Maharashtra government has expressed its inability to grant “additional reservations” to transgender persons in education and public employment, as per a clarification sought by the Bombay High Court.
Background
- The concept of reservation for transgender persons is based on the recognition of their historical and social disadvantages and the need to provide them with affirmative action to achieve equality and inclusion.
- Reservation policies are also in line with international human rights standards and the Sustainable Development Goals (SDGs) that aim to leave no one behind.
- The United Nations has adopted several resolutions and guidelines to protect and promote the rights of transgender persons, such as the; Yogyakarta Principles, the UN Human Rights Council Resolution 17/19, and the UN High Commissioner for Human Rights Report on Discriminatory Laws and Practices and Acts of Violence against Individuals Based on their Sexual Orientation and Gender Identity.
Reservation in India
- Reservation in India is provided to Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) at the rate of 15%, 7.5% and 27%, respectively, in case of direct recruitment on all India basis by open competition.
- In direct recruitment on all India basis, other than by open competition, the percentage fixed is 16.66% for SCs, 7.5% for STs and 25.84% for OBCs 10% reservation under the Economically Weaker Section (EWS) category applies to those not covered under the existing scheme of reservations for the Scheduled Castes, the Scheduled Tribes, and the Socially and Educationally Backward Classes.
Constitutional provisions for Reservation of Transgender
- Currently, Karnataka is the only state that provides 1% horizontal reservation for transgender people.
- The reservation of 1% is available in each category – general, SC, ST, and in each of the categories under ‘OBC’.
Significances
- Enhance the access and participation
- Reduce the discrimination, stigma, violence and exclusion
- Increase the visibility and recognition
- Contribute to the diversity and pluralism
- Empower transgender persons
Challenges
- May not reach all transgender persons
- May not address all the barriers and needs
- May face resistance or backlash
- May create stereotypes
Way forward
- Reservation policies for transgender persons are a positive step towards ensuring their rights and dignity. However, they need to be complemented by other measures and actions that address the root causes and consequences of discrimination and exclusion.
- Creating awareness and sensitization programs for the general public, especially in schools and workplaces, to foster respect and acceptance of transgender persons and their identities.
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Reservation for Transgender community,Reservation for Transgender community
