The Kerala High Court on Wednesday sought the views of the State government on a plea seeking reservation for transgender persons in education and public employment [Aneera Kabeer C v. State of Kerala & Ors.].Single-judge Justice Devan Ramachandran also suo motu impleaded the Central government as an additional respondent in the petition which also sought proper implementation of the guidelines laid down by the Supreme Court in the NALSA case."Every community, not just transgender, every citizen is sacred. I believe in that constitutional imperative," the judge orally remarked.Upon being informed by the petitioner's counsel that the Kerala Public Service Commission (PSC) has not employed a single transgender person or provided for any reservation for the community, the Court questioned why it has not adhered to the Supreme Court's judgment as required under Article 141 of the Constitution."You are bound by Article 141. How can you say no to that? PSC has to take action now; the State has to. What do you mean this is sensitive? We can give reservations for caste, creed, community, colour, education, language but you can't give reservation to an individual just because he or she is not perceived to be in the mainstream. The gist of the Supreme Court judgment is the preamble of our Constitution," Justice Ramachandran said.
The petition was moved by Aneera Kabeer, a transwoman (assigned male at birth but identifies as a woman), who sought to participate in the recruitment process for the selection of UP School Assistant or High School Teacher (Social Science) by writing the Kerala PSC exam.Kabeer submitted that she has been facing discrimination from several potential employers even though she has all the necessary qualifications including B.A, B.Ed, and M.Ed degrees.She said that this had led her to attempt to end her life and that she had sent a letter to the District Legal Services Authority, Palakkad, requesting legal aid to file a petition for euthanasia. Once the letter was reported by the media, the Chief Minister intervened and got her temporary employment.From the notification issued by the PSC, Kabeer noticed that the commission has not yet implemented the directions in the NALSA case as it has not provided any reservations for the transgender community.
Kabeer's petition also contended that the Transgender Persons (Protection of Rights) Act, 2019 failed to incorporate any provision to ensure reservation for transgender persons by treating them as socially and educationally backward classes, as directed by the Supreme Court in the NALSA case.The petition therefore sought directions to the Kerala PSC to provide reservation for transgender candidates.
Kabeer also sought a direction to the PSC to notify the existing posts of High School teachers that are lying vacant, specifying the number of posts reserved for transgender candidates so that she can apply and participate in the selection process.The petitioner was represented by advocates Padma Lakshmi, Mariyamma AK and Haseena .
TAGS: Kerala High Court State Government Transgender Reservation Plea
