It has been close to a year since Justice MS Ramesh of the Madras High Court criticised the Tamil Nadu government for not providing adequate reservations in employment to transgender persons, in a judgement mandating reservation. However, the provision has not been implemented yet, leaving six qualified transgender women in the lurch – five of them fighting for a police job under the Tamil Nadu Uniformed Services Recruitment Board (TNUSRB), and one for a teaching job.
The Trans Rights Now Collective (TRNC), in a press meet conducted on Monday, February 6, alleged that the government did not follow the judgement, and has also recently filed an appeal in the case. “It is disappointing that the government went for an appeal instead of supporting our education and employment,” said Grace Banu, founder of TRNC. The six candidates who are fighting for their employment rights were present during the press meeting, and they put forth two main demands: age relaxation up to at least 37 years as provided to widows and ex-servicemen; and 1% horizontal reservation.
“We have already sent multiple representations and petitions to the state government asking for horizontal reservation to transgender persons in education and employment. But there has been no action. Meanwhile Karnataka, our neighbouring state, has 1% horizontal reservation in place for transgender persons in employment,” Grace added, asserting that in the face of discrimination starting from the application stage, transgender candidates can only benefit if there is a horizontal reservation system cutting across all caste categories.
In his judgement which was pronounced on March 2, 2022, Justice Ramesh strongly urged the government to pass a reservation for trans candidates. He further observed that the relaxation given for women candidates in physical measurement, endurance and physical efficiency tests were provided only to the trans persons who identify themselves as ‘female’. However, these relaxations were not given to those who identify themselves as ‘male’ or ‘third gender’.
Referring to the National Legal Services Authority (NALSA) case, the judge also stated that the “failure to provide any kind of reservation for the trans persons in the male category and placing them on par with the general category candidates is not only unconstitutional, but is also illegal”. NALSA vs Union of India is a Supreme Court judgement that was pronounced in 2014, which gives individuals the right to self-identification of their gender.
He was hearing a batch of petitions filed by transgender applicants challenging the imposition of 29 years as the upper age limit for candidates applying to the post of Grade II Police Constable (AR). The court not only quashed the disqualification of the petitioners on the basis of age but also directed the Member Secretary of TNUSRB to treat all of them as having qualified in the initial selection process, including the written examination.
The court had also directed TNUSRB to clear the candidates for physical measurement tests, endurance tests, and physical efficiency tests. All of this was to be conducted in accordance with the relaxations applicable for women candidates, within a period of eight weeks.
Speaking to TNM, Aradhana (32), one among the six candidates, said that her initial application for the Grade II Constable posts was rejected citing that there was no segment for transgender persons. “I filed a case at the HC, and through an order, I was allowed to write the examination. However, TNUSRB went for an appeal against this order. But the HC pointed to the NALSA judgement and allowed me to write the exam,” she said.
The court had also passed an interim order asking the TNUSRB chairman to have a vacant post for Aradhana. “Now, the vacant post allotted for me is still vacant. In addition to my petition, there were other trans persons who filed similar cases in the court and all of them were clubbed together. The court, in 2022, directed the TNUSRB to consider us as having passed the written examination and proceed with the next steps. To date, this has not been implemented, and the government has again gone for an appeal,” Aradhana said, adding that the case is not being heard because the government is not appearing for arguments. She also said that the physical examination for the next batch of police candidates is to be held from February 17, and yet, none of the candidates from her batch has been called for the exam.
Kavi (32), another candidate who wrote the same examination in 2020, is also being made to wait for her results and for the physical examination. “Some of us were shown our marks and told that we did not pass the cut-off. But the cut-off was for women candidates and not trans candidates. The case is still going on and we have not heard from the government,” she said, noting that if there was a reservation, they wouldn’t have to fight for every single thing.
Divya Krishnan (38), who also spoke to TNM, is the first trans person to get into teacher training in the state under the government quota. Divya is also still waiting for her job. She said that she finished her Teacher Training in 2010, graduated in Tamil literature in 2013, completed her Masters in 2015, and Bachelor of Education (BEd) in 2016. “I passed the Teacher Eligibility Test (TET) in 2022 and became eligible for a job,” she said, adding that she has multiple grounds of eligibility including her marks, gender, and reservation under the Vanniyar caste. “Now, the issue is that I have not yet been called for certificate verification for my marks or for other reservations that I am eligible to avail,” Divya said, mentioning that she has been petitioning the Chief Minister’s cell to no end.
“There was a lot of media coverage when I got into teacher training. Many years have passed since then and I have studied hard to make myself eligible. Despite being the only eligible transgender teaching candidate and having employment seniority at both the state and district levels, I am still not being given a job,” she said, asking if the government could provide her with a job under compassionate grounds at the least.
As of now, the Tamil Nadu government provides reservations to trans persons under the Most Backward Class (MBC) category, while those with SC/ST community certificates are given reservations under those categories. In a press statement, TRNC also said that while the Tamil Nadu government is a pioneer in gender justice, having taken steps to introduce dignified salutations to transgender persons, as well as to provide pensions to trans persons aged above 40, it is paining that the government of Tamil Nadu is not considering their long pending demand for reservation in education and public employment, despite sending several representations.
The press release also said that considering trans persons with SC/ST certificates under those categories and those without certificates as MBCs “is nothing but a tactic to deny the fundamental rights of transgender persons”.
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