Calcutta HC directs 1 % reservation for transgender persons in public employment

In another landmark decision regarding the transgender community, the Calcutta High Court has issued directions to the West Bengal government to ensure 1% reservation for all transgender persons in public employment in the State.

This judgement has been delivered in accordance with the guidelines laid down by the Supreme Court in the 2014 case of National Legal Service Authority Vs. Union of India & Ors aimed at protecting the community and guaranteeing them equality.

This case too can be viewed as a step towards the "purpose of safeguarding their rights under the Constitution of India" and other relevant legislations such as the Transgender Persons (Protection of Rights) Act, 2019.

The current case

The HC in the current case heard the matter filed by a transgender person who passed the Teachers' Eligibility Test (TET) in 2014 and in 2022, but was not called for the counselling process or interview (Mrinal Barik v. State of West Bengal & Ors). The plea was premised on the law that "persons are entitled to equal opportunity of employment without any discrimination whatsoever."

Justice Rajasekhar Mantha held "This Court, however, notes that in terms of paragraph 135 (3) in the National Legal Service Authority Vs. Union of India & Ors. (2014) reservation has not yet been made in the State for transgender persons. In those circumstances, this Court directs the Chief Secretary of the Government of West Bengal to ensure 1% reservation for the category of persons mentioned in the NALSA case in all public employment in the State."

Accordingly, it directed that 1% reservations to be made for transgender persons in all public employment in West Bengal and further instructed the Secretary of the West Bengal Board of Primary Education to arrange for an interview and counselling of the petitioner.

 Not the first time the Calcutta HC has taken action

The Calcutta HC has taken steps towards the empowerment of the transgender community in the past as well. For instance, transgender advocate Ankani Biswas was the first advocate from the community to be empaneled in the West Bengal Legal Services Authority in 2021. The Court has also considered matters of equal employment for transgender persons in the police services.

This current decision has been met with a broad range of reactions as expressed on social media. While some citizens and groups have lauded the Court's initiative, others have questioned whether reservation is more of a legislative responsibility and if this HC order constitutes an overreach by the judiciary.