No separate reservation for transgender persons in education, employment: Central government to Supreme Court

The Central government has informed the Supreme Court that reservation benefits can be availed by transgender persons only if they fall under existing categories of reservation..The submission was made on affidavit which was filed in response to a contempt of court petition for non-compliance with the Supreme Court's directions in the case of National Legal Services Authority (NALSA) vs Union of India.The Central government has effectively submitted that there is no separate reservation being provided for transgender persons in education or employment.They can avail of reservation benefits if they belong to scheduled castes (SC), scheduled tribes (ST), socially and economically backward classes (SEBC), or economically weaker sections (EWS), the Central government said."The benefits of reservation in matters of direct recruitment in Central Government Services and in admission to Central Government Higher Educational Institutions are as follows- Scheduled Castes (SC)- 15%; Scheduled Tribes (ST) - 7.5%; Socially and Educationally Backward Classes (SEBC) - 27%; Economically Weaker Sections (EWS)- 10%. In this regard, it is respectfully submitted that the benefits of any of the reservation including the above 4 reservations can be availed by the marginalized and eligible population of the country including transgender persons," the affidavit stated..In NALSA vs Union of India, the Supreme Court had directed the Centre and State governments to treat transgender persons as socially and economically backward classes of citizens and to extend to them reservation benefits in educational institutions and public appointments..A group of transgender persons moved the Supreme Court, thereafter, alleging that the Central as well as the State governments had failed to follow the directions in the NALSA judgment. The Court issued notice to them in the matter last March. .In its affidavit, the Union Ministry of Social Justice and Empowerment claimed that since the 2014 judgment, the Union government has taken several steps to the ameliorate problems faced by the transgender community and to offer them a dignified life.These include the creation of a National Portal for Transgender Persons, the enactment of the Transgender Persons (Protection of Rights) Act of 2019, and the creation of a National Council for Transgender Persons to advise the government on policies, programmes, legislation, and projects for the welfare of transgender persons. .The matter will be heard next by the Supreme Court on August 18, when the Court is slated to examine the steps taken by States and Union Territories to comply with its NALSA judgment.