Its difficult to provide separate reservation for transgender persons in education and jobs: Bombay to HC

Its difficult to provide separate reservation for transgender persons in education and jobs: Bombay to HC

In a startling revelation, the Maharashtra government dropped a bombshell in the Bombay High Court today, stating that providing additional reservations for transgender persons could potentially breach the 50 percent ceiling on reservations set by the Supreme Court. This shocking announcement left the courtroom astounded and raised serious concerns about the rights of transgender individuals.

Advocate General of Maharashtra, Dr. Birendra Saraf, argued that the existing vertical and horizontal reservations already in place make it exceedingly challenging to introduce further reservations for transgender persons. This statement left many questioning the extent of inclusivity and equality within the reservation system.

Adding to the astonishment, Saraf highlighted the lack of action from the Central government in implementing guidelines or regulations to enforce the Supreme Court's landmark judgment in National Legal Services Authority v. Union of India. This negligence further exacerbates the already dire situation faced by transgender individuals seeking equal opportunities in education and employment.

The shocking revelation came amidst a petition filed by Vinayak Kashid, who pleaded with the Maharashtra State Electricity Transmission Co. Ltd. to provide job reservations for transgender persons. Kashid's lawyer, advocate Kranti LC, emphasized that neighboring state Karnataka has already implemented a 1 percent reservation for transgender individuals across all caste categories, urging Maharashtra to follow suit.

The court had previously directed the State government to establish rules enabling transgender individuals to secure government employment, as per the 2020 guidelines issued by the Central government. However, with the lack of implementation and a ticking clock, the rights and well-being of transgender individuals remain uncertain.

In a recent government resolution issued by the State, a committee composed of 14 members, including secretaries from various departments and psychologists, was established under the Social Justice Department. However, during today's hearing, the State government suggested that the petitioners make their case before this expert committee, delaying any immediate action on transgender reservations.

This shocking turn of events has sent shockwaves through society, questioning the commitment of the government towards ensuring equal rights for transgender individuals. As the matter adjourns, the fate of transgender reservations now rests in the hands of an expert committee, leaving many wondering if justice will prevail for the marginalized transgender community.

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