Reservation for Transgender Community

Context: The reservation demand for transgenders in educational institutions and government jobs is picking up pace across the country.

Relevance of the Topic: Mains: Reservation for Transgenders: Debate, Government Initiatives & Way Forward. 

Issue of Reservation for Transgenders

• Background of Reservation demand: Since the 2014 NALSA judgment by the Supreme Court, there has been a push for reservations for transgender people in government jobs and education.
  • The demand for reservation arises from the socio-economic and educational backwardness of the transgender community.
  • However, there is ambiguity in the nature of reservation to be provided—whether it should be vertical (separate quota) or horizontal (within existing categories).

Arguments for Vertical Reservation

• Separate category: Vertical reservation treats transgender people as a distinct socio-economic group, similar to SC, ST, and OBC categories.
  • It further ensures a clear, fixed percentage of seats for transgender individuals across sectors.
• Uniform Identity: Proponents argue that transgender people face discrimination purely on gender identity, not on caste, hence a separate category is justified.
  • It simplifies the process of implementation by avoiding overlap with caste-based reservations.
• Legal basis: The NALSA judgment identified transgender people as Socially and Educationally Backward Classes (SEBC), implying eligibility for OBC-like reservations.
  • Madhya Pradesh has already included transgender people in its OBC list following this interpretation.

Arguments for Horizontal Reservation

• Addressing Intersectional Discrimination: Horizontal reservation acknowledges that transgender people belong to various caste groups, facing layered forms of discrimination based on both caste and gender identity.
  • Without horizontal reservation, Dalit and Bahujan transgender individuals may remain underrepresented.
• Existing High Court Rulings: The Karnataka, Madras, and Calcutta High Courts have ruled in favor of horizontal reservations for transgender people.
  • Horizontal quotas ensure representation in each socio-economic category (SC/ST/OBC/General), preventing exclusion of marginalized caste trans individuals.
• Grassroots Support: Various activists argue that vertical reservation ignores caste realities and perpetuates caste hierarchies by lumping all transgender people into a single category.
  • Horizontal reservation provides equitable access to resources for trans people across different caste identities.

Significant Cases and Rulings in this context

• NALSA Judgment (2014): Directed governments to treat transgender people as socially and educationally backward classes, eligible for reservation in jobs and education.
  • However, it created ambiguity by not specifying whether reservation should be vertical or horizontal.
• Madhya Pradesh Government (2023): Included transgender people in the OBC category, aligning with the vertical reservation approach.
• High Court rulings: Karnataka (Sangama v State of Karnataka), Madras, and Calcutta High Courts have directed State governments to implement horizontal reservation for transgender individuals.
• Supreme Court (March 2023): Refused to entertain a petition seeking clarification on the type of reservation to be provided, leaving the ambiguity unresolved.

Way Forward

• Legislative Framework: A comprehensive legislative framework should be developed to provide clarity on the type of reservation—preferably horizontal, given the layered discrimination transgender people face.
• Intersectionality in Public Policy: Policy-making must adopt an intersectional approach, recognizing the compounded disadvantages faced by Dalit and Bahujan transgender individuals.
• Awareness and Sensitisation: Government bodies and society must be sensitized to the unique issues faced by transgender people, ensuring better implementation of reservation policies.
• Inclusive Dialogue: Engage with diverse stakeholders, including transgender activists from marginalized castes, to ensure that reservation policies reflect the needs of the entire community.
• Uniformity of Policy across States: A national-level directive should be issued to ensure consistency in reservation policies for transgender people across all States.