CHENNAI: A PIL petition seeking horizontal reservation for transgenders and intersex persons in education and employment has been filed in the Madras High Court. A division bench of Justices S Manikumar and Subramonium Prasad, before which the petition from Grace Banu Ganesan came up for hearing on Wednesday, ordered notice to the government, returnable by March 21.
According to petitioner, the Supreme Court had held that there are two kinds of reservation -- vertical reservation for SC, ST OBCs under Article 16(4) and horizontal reservation for various groups of people like ex-army personnel, displaced persons and persons with disability under Article 16(1) of the Constitution. Horizontal reservations are interlocking and cut across vertical reservations. Reservation under this category is provided within an existing category of vertical reservation. Hence, transgenders should be provided horizontal reservation under the ‘transgender’ category, petitioner said.
While passing orders on a batch of petitions, including the petitioner’s, this court in July, 2016 had held that reservation should be provided to transgenders in education and employment on a percentage or post basis instead of under the MBCs category, within six months. However, despite lapse of more than two years, nothing happened, petitioner contended.
Petitioner prayed for a directive to the State government to frame and implement a reservation policy for transgenders and intersex persons in education and public employment on horizontal basis. She also prayed for a directive to government to empower the Transgender Welfare Board to issue ID cards without subjecting them to medical and mental tests.