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Calcutta High Court directs West Bengal to ensure 1% reservation for transgenders

Calcutta High Court directs West Bengal to ensure 1% reservation for transgenders

The Supreme Court order was issued on the petition of a transgender person. (Representative)

Calcutta:

The Calcutta High Court has directed the West Bengal government to ensure one percent reservation for transgenders in all public sector jobs in the state.

Noting that the state government has adopted a policy of equal treatment in employment for transgender persons, the court said the reservation, however, has not yet been made for them.

Justice Rajasekhar Mantha directed the Chief Secretary of the West Bengal government to ensure one percent reservation for transgenders in all public sector jobs.

The high court order was issued on the plea of ​​a transgender, who cleared the Teachers’ Eligibility Test (TET) 2014 and also the TET 2022, but was not called for counseling or interview.

In the order issued on Friday, Justice Mantha noted that the Supreme Court had stated in a 2014 case that ‘hijras’ and eunuchs, apart from binary genders, should be treated as ‘third gender’ for the purpose of protecting their rights under Part III of the Constitution.

The Supreme Court had also upheld the right of transgender people to decide their self-identified gender and directed the Center and state governments to grant legal recognition of their gender identity such as male, female or as third gender.

Justice Mantha also noted that the top court had directed the Center and state governments to take steps to treat them as socially and educationally backward classes of citizens, and “extend all kinds of reservations in cases of admission to educational institutions and for public appointments ” .

The West Bengal Chief Secretary had informed the Supreme Court that the Ministry of Women and Child Development and Social Welfare had issued a notification on November 30, 2022 that transgender persons were entitled to equal employment opportunities without any discrimination.

According to the court, the notification clearly shows that the state itself has pursued a policy of equal treatment of transgender people in the labor market.

Justice Mantha said, however, the reservation in the state has not yet been made for transgenders in accordance with the Supreme Court order.

He also directed the secretary of the West Bengal Board of Basic Education to arrange interview and counseling of the petitioner as a special case.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)