Transgender persons can avail quota under existing categories, Centre tells SC

The Centre has told the Supreme Court that transgender persons can avail of quota benefits for jobs and education under the existing categories of Scheduled Castes, Scheduled Tribes, Socially and Educationally Backward Classes or Economically Weaker Sections only.

It claimed that the entire marginalised and eligible population of the country, including transgenders, is at present covered under any one of the four categories.

The Ministry of Social Justice and Empowerment clarified its stand on the issue, as the Supreme Court in March this year issued a contempt notice to it on a plea contending non compliance to 2014 NALSA judgement.

The top court had in 2014 told the Centre and States to treat the transgenders as “socially and educationally backward classes and extend all kinds of reservation” in government jobs and higher education.

In its response, the Centre said that there is no separate reservation for transgender persons in education or employment and that they can access such benefits if they belong to Scheduled Caste (SC) Scheduled Tribe (ST), Socially and Economically Backward Classes (SEBC) or Economically Weaker Sections (EWS) communities.

The benefits of reservation in matters of direct recruitment in central government services and in admission to central government higher educational institutions are as follows: SC- 15 per cent; ST- 7.5 per cent; SEBC - 27 per cent; EWS - 10 per cent, it said.

The government said, after the 2014 judgement, Parliament passed the Transgender Persons (Protection of Rights) Act, for the welfare of transgender persons.

It listed several steps taken, including creation of a national portal for transgender persons on November 25, 2020, issuance of identity cards, since the 2014 judgement for upliftment of the transgenders and to ensure a dignified living for them.

It also said a National Council for Transgender Persons has been constituted on August 21, 2020 to advise Government on policies, programmes, legislation and projects with respect to transgender persons.