THE CONTEXT: Karnataka became the first state in India to reserve jobs in public employment in favour of transgender persons.
Analysis:
- The state government has amended the Karnataka Civil Services (General Recruitment) Rules, 1977 to provide for 1% horizontal reservation for transgenders.
- The amendment provided for 1% of vacancies to be filled in any service or post by the state government from among the transgender candidates in each category of general, Scheduled Castes, Scheduled Tribes and in each of the categories among the Other Backward Classes.
- The state government’s amendment of its recruitment rules was a result of a legal challenge to its recruitment of police constables on the ground that it excluded a separate category for transgender persons on par with men and women.
- The notification by state government calling for filling up of various posts mentioned age, weight and other specifications pertaining to only men and women and disregarded transgender persons.
TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019
- It defines a transgender person as one whose gender does not match the gender assigned at birth.
- It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.
- It prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to: (i) education; (ii) employment; (iii) healthcare; (iv) access to, or enjoyment of goods, facilities, opportunities available to the public; (v) right to movement; (vi) right to reside, rent, or otherwise occupy property; (vii) opportunity to hold public or private office; and (viii) access to a government or private establishment in whose care or custody a transgender person is.
- Every transgender person shall have a right to reside and be included in his household. If the immediate family is unable to care for the transgender person, the person may be placed in a rehabilitation centre, on the orders of a competent court.
- A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.
- The Act states that the relevant government will take measures to ensure the full inclusion and participation of transgender persons in society.
- It must also take steps for their rescue and rehabilitation, vocational training and self-employment, create schemes that are transgender sensitive, and promote their participation in cultural activities.
- National Council for Transgender Persons will advise the central government as well as monitor the impact of policies, legislation and projects with respect to transgender persons. It will also redress the grievances of transgender persons.
- The draft of the Transgender Persons (Protection of Rights) Rules, 2020, stated that a District Magistrate would issue a transgender identity certificate and card based on an affidavit by the applicant, but without any medical examination
