Karnataka leads as being the first state in India to recognize the rights of the Transgender community to give them 1% Reservation in the government jobs
Karnataka has become the first state in the country to provide 1% reservation for the transgender people in all the government services. The government submitted a report to the High Court in this regard, stating that a notification has already been issued after amending the Karnataka Civil Service (general recruitment) Rules, 1977. The reservation is applicable to the transgender candidates in each category of the General merit, SC, ST and in each of the OBC categories.
‘Sangama’, an NGO, had filed a Public Interest Petition (PIL) in the Karnataka High Court, questioning the denial of the job opportunities for the transgender in the government jobs. Advocate appearing for the petitioner had relied on the judgment of the apex court in the case of NALSA vs Union of India, the Supreme Court explained that the state in its appointment notification calls for filling up of the vacancies, specifies only ‘Men and Women’ as the genders which can apply for the vacancies. The whole notification form contains the age, weight and other specifications which are given separately only to ‘Men and Women’, in total disregard of the third gender.
The supreme Court in this judgement raised awareness and recognition for the legal rights of the third gender persons and has held that they are fully entitled to the fundamental rights under the constitution and under the international law. The notifications issued for the government jobs issued by the state are against the rights of the transgender persons and affects their constitutional and fundamental rights under Article 14, 19 & 21 of the constitution.
Pursuant to this case, the Karnataka government decided to bring in this positive change and also become the first state in this country to take such a righteous decision of keeping 1% reservation for the transgender community in the government jobs.
The Karnataka Government while informing the High Court gave out the following report:-
“Notwithstanding anything contained in the rules of recruitment specially made in respect of any service or post, in all direct recruitment one percentage of vacancies set apart for that method in each of the categories of General Merit, Scheduled Castes, Scheduled Tribes and in each of the categories among Other Backward Classes shall, subject to any general instructions that may be issued by the Government regarding the manner of appointment, be filled from among transgender candidates:
Provided that, every Appointing Authority shall provide a separate column of “Others” along with male gender and female gender in the application for recruitment to any category of Group-A, B, C or D posts for the convenience of transgender persons. The Recruitment Authority or the Appointing Authority shall not discriminate a transgender person while making selection of appointment to any category of post.
Provided further that, if sufficient number of eligible transgender persons are not available, to the extent of one percent, the unfilled vacancies shall be filled by male or female candidates, as the case may be, belonging to the same category.”
This is a step in the right direction towards the gender neutrality with an idea to bring the transgender in the main streamline, which will enable them to live a dignified and meaningful life.
By Adil