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Who is Transgender?
- A transgender person is one whose gender is different from the gender assigned at birth. It includes those who identify as transgender, intersex, genderqueer, and with socio-cultural identities like kinnar and hijra.
- The 2011 Census in India was the first in the nation’s history to tally the number of “trans” citizens. According to the research, 4.8 million Indians self-identified as transgender.
NALSA Judgment and Its Impact:
- The National Legal Services Authority of India (NALSA) vs Union of India case (2014) led to the Supreme Court ruling that transgender persons are entitled to reservation.
- The judgment directed Central and State Governments to consider transgender people as socially and educationally backward classes and extend all types of reservation in education and employment.
- However, the judgment did not clarify whether these reservations should be vertical or horizontal.
Interpretation and Dilemma:
- The NALSA judgment is often interpreted as directing reservations for transgender people in the OBC category.
- This interpretation presents a dilemma for Dalit, Bahujan, and Adivasi transgender persons, forcing them to choose between reservations based on caste and tribal identity or gender identity.
Demand for Horizontal Reservations:
- Transgender persons belonging to SC, and ST groups are demanding horizontal reservations in their respective categories.
Status of Horizontal Reservations:
- So far, the Central government has provided no direction on delivering reservations for trans persons.
- The Transgender Persons (Protection of Rights) Act of 2019 did not mention reservations, either vertical or horizontal.
- Previous attempts to introduce reservation, like the Rights of Transgender Bill, 2015, and The Transgender Persons (Protection of Rights) Bill, 2016, were unsuccessful.
- Some states, like Tamil Nadu, Karnataka, and Madhya Pradesh, have made individual efforts to include transgender persons in reservation categories.
Why in News:
- There are several demands being raised for horizontal reservation of Transgender people in India.
