‘despite 2014 Sc Order, No Policy Yet For Transpersons’, Legal News, ET LegalWorld – Legal Firms


Mumbai: A transgender applicant for police sub-inspector post approached Maharashtra Administrative Tribunal (MAT) saying the state has made no reservations for transpersons.

The exam for the post was held on October 8.

The Supreme Court had in the case of National Legal Services Authority versus Union of India in 2014 upheld rights of transpersons to decide their self-identified gender and directed the Centre and the states to grant legal recognition of their gender identities as male, female or as a third gender.

Kranti L C, lawyer for a transperson aspiring for the post of PSI, said the applicant appeared for the preliminary examination held on October 8 and the results are to be declared soon.

In August, MAT had passed an order saying it expected the state to come out with a clear policy for transpersons in such public posts, especially in respect of the police department as the aspiring candidate has to undergo physical tests.

S P Manchekar for the state informed MAT the “process of framing a reservation policy is still under consideration”.

MAT chairperson Bhatkar in its order said, “It is difficult to accept this stand taken by the state government that the policy decision is not taken till date though the SC has pronounced the judgment with specific orders and directions on April 15, 2014.” It is “obligatory on part of the government to follow the law of the land,” Justice Bhatkar added.

Saying the tribunal was bound by the SC decision, Justice Bhatkar directed the state to “keep one post of PSI reserved for transgender in socially and economically backward classes for citizens in this examination and thereafter at all stages as only applicant has approached this tribunal”.

The plea sought direction for a reservation in the PSI recruitment drive for 800 posts.


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