On Tuesday, the Maharashtra government informed the Bombay High Court that it is currently difficult to grant transgender individuals additional horizontal and/or vertical reservations in employment and education settings.
Advocate General of Maharashtra, Dr. Birendra Saraf let the Court know that making extra bookings for transsexual people appeared to be troublesome right now.
Saraf argued, “Providing additional reservations for transgender persons seems difficult considering the extent of vertical and horizontal reservations that are already provided.”
He went on to say that the Central government has also done nothing to enforce the Supreme Court’s decision in National Legal Services Authority v. Union of India.
In a petition, Vinayak Kashid requested that the Maharashtra State Electricity Transmission Co. Ltd. (MahaTransco) be instructed to grant transgender individuals job reservations.
Kashid’s legal advisor, advocate Kranti LC, likewise educated the Court that such reservation, to the degree of 1%, has been given in all position classifications in Karnataka.
He prayed for Maharashtra to adopt a similar reservation policy.
In another case, in December 2022, the Supreme Court ordered the State government to create regulations that would allow transgender individuals to obtain employment in government positions in accordance with the 2020 guidelines issued by the Central Government.
In order to put into effect the Transgender Persons (Protection of Rights) Act of 2019, the Central Rules of 2020 were issued.
The Standards accommodate a system that could be kept for a transsexual individual to be distinguished with the end goal of work.
The Rules also give the States two years to come up with policies that will allow the Act to be implemented.
On March 3, 2023, the state issued a government resolution (GR) to encourage the employment and education of transgender individuals.
The GR likewise referenced that a board had been set up under the Civil rights Division, comprising of 14 individuals, principally secretaries of different State divisions and clinicians.
The State government offered the petitioners the opportunity to present their case to this expert committee regarding the issue of transgender reservation during today’s hearing.
In light of this suggestion, the Court moved to postpone the case so that the expert committee could first look at the reservation issue for transgender people.
Name -Sandeep K. Pareek, BALLB(2nd sem.), RNB Global University intern under legal vidhiya
0 Comments