Syllabus: GS1/Society, GS2/Governance
Context
- National Commission for Scheduled Castes (NCSC) has taken cognisance of atrocity complaint against Uttar Pradesh’s Transgender Welfare Board Member, a strong proponent of vertical reservation.
About
- Under the Vertical reservations all trans people would qualify for reservation, irrespective of their socio-economic category.
- Many trans activists across the country have stressed that horizontal reservations are the need of the hour as vertical quotas ignore the layered nature of discrimination trans people from marginalized castes face.
| Aspect | Horizontal Reservation | Vertical Reservation |
|---|---|---|
| Definition | Reservation for a specific group within a larger category. | Reservation for specific categories such as caste, class, etc. |
| Target Group | Beneficiaries within the group or class of a larger category (e.g., disabled people within SC). | Entire categories or classes |
| Example | Reservation for women within SC or OBC groups. | Reservation for SC, ST, and OBC categories in general. |
| Significance | Used to address sub-categories within a reserved category. | Used to allocate a percentage of seats to specific castes. |
Supreme Court’s 2014 Judgement
- In 2014, the Supreme Court directed governments to provide reservation to trans people in government jobs and education.
- Since then the demand for quotas from the community has only grown.
- Ambiguity: There is an ambiguity in the Supreme Court’s direction, which called for transgender people to be treated as socially and educationally backward classes of citizens.
- It has divided opinion within the transgender community on what kind of reservations should be provided.
- This also raises the question that there are transgender people in all caste categories. How is bunching them up as OBCs serving the purpose of equality?
| Queer community – The queer community is an inclusive and diverse group of people who identify as lesbian, gay, bisexual, transgender, queer, questioning, intersex, asexual, or any other sexual orientation, gender identity, or expression that falls outside of societal norms. |
Legal Rights to Transgenders in India
- Supreme Court’s NALSA Judgment (2014): The National Legal Services Authority v. Union of India (NALSA) case was a landmark judgment where the Supreme Court of India recognized transgender individuals as a third gender.
- This judgment granted them legal recognition, fundamental rights, and a constitutional right to live with dignity.
- Recognising third gender persons as a “socially and educationally backward class of citizens”, entitled to reservations in educational institutions and public employment.
- Transgender Persons (Protection of Rights) Act, 2019: This law was passed to safeguard the rights of transgender people in India. It includes provisions for:
- Self-identification: Transgender individuals have the right to self-identify their gender, and they can apply for a certificate that recognizes their gender identity as per their choice (male, female, or transgender).
- Prohibition of Discrimination: Discrimination against transgender people in areas like education, employment, healthcare, and public services is illegal.
- Establishment of National and State Transgender Welfare Boards: These boards are set up to address issues related to transgender people.
- Transgender Bill (2021): Although the 2019 Act laid a foundation, the 2021 amendments were proposed to strengthen provisions related to their legal recognition and welfare, but debates continue on whether it provides enough protection or falls short in certain areas.
Challenges
- Despite the legal protections, transgender individuals face widespread social stigma and discrimination.
- Violence and harassment in public spaces.
- Limited access to education and employment.
- Challenges in accessing healthcare and legal recognition.
- Economic and social exclusion often forces transgender people into marginalized roles, such as begging or sex work.
Way Ahead
- While there has been significant progress in advancing LGBTQ+ rights and reducing discrimination, there are still many challenges to address.
- Continued advocacy, education, and policy change are necessary to ensure full equality and acceptance for the LGBTQ+ community worldwide.
Source: TH
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