JAIPUR: The Rajasthan High Court has ruled that the State Government's classification of transgender individuals within the OBC category for reservations does not ensure substantive social justice or meaningful benefit.
The Court termed the current framework incomplete, ineffective, and inadequate in addressing the community’s need.
A Division Bench comprising Justice Arun Monga and Justice Yogendra Kumar Purohit observed that merely placing transgender individuals within the OBC category does not fulfil the intent of the Supreme Court’s historic NALSA vs. Union of India (2014) judgment. The Bench noted that the present policy fails to ensure substantive social justice and, in fact, results in double discrimination for transgender persons belonging to SC, ST, and OBC categories.
Questioning the State’s notification dated January 12, 2023, the Court made it clear that individuals cannot be deprived of their inherent reservation rights on the basis of gender identity. It emphasised that the right to self-identification is a fundamental right, and the State is constitutionally bound to respect it.
As an interim measure, the Court directed that transgender candidates be awarded an additional 3 percent marks—over and above the maximum marks—in government job recruitments and educational admissions, until a comprehensive policy is framed. The Bench described this step as necessary to ensure substantive equality and provide immediate relief to candidates.
The petition was filed by transgender rights activist Ganga Kumari, challenging the State’s move to classify transgender persons exclusively under the OBC category. Advocates Vivek Mathur and Dhirendra Singh Sodha represented the petitioner, arguing that such classification denies individuals their caste-based reservation rights.
Referring to the model adopted by Karnataka, the Court suggested that Rajasthan consider implementing horizontal reservation to ensure representation across all categories. It also directed the State Government to form a high-level committee under the Department of Social Justice and Empowerment to submit a report within six months on key issues, including education, employment, healthcare, and social security.
Legal experts believe the verdict could significantly reshape the discourse on transgender rights, paving the way for more inclusive and equitable policies in Rajasthan and beyond.
Reacting to the judgment, transgender rights activist Preeti Choudhary said that clubbing transgender persons into a homogenised OBC category dilutes their specific needs and intensifies competition. She emphasised that intersectional recognition and horizontal reservations would be far more effective than symbolic inclusion.