Cabinet note moved to facilitate reservations for transgenders

The Central Government’s Ministry of Social Justice and Empowerment has moved a Cabinet note for the inclusion of the transgender community in the OBC category, The Economic Times has reported. This will enable the community which often faces social stigma to tap into 27% of reservations in educational institutions and government jobs. The Cabinet note has been moved after a year-long pre-legislative exercise involving various ministries and the National Commission For Backward Castes.

This comes at a time when the Central Government is run by an ideologically right-wing government that often faces accusations of being transphobic. Transgenders were an important part of Indian society until the Victorian laws criminalizing them were implemented by the British colonialists.

The Supreme Court had paved the path for transgender reservations after recognizing them as the “third gender.” The Supreme Court’s NALSA judgment had instructed Central and state governments to treat the transgender community “as socially and educationally backward classes of citizens and extend all kinds of reservation in admission to educational institutions and public appointments”.

However, experts and people working in the same domain are demanding horizontal reservation for transgender and intersex persons, rather than vertically outside the OBC category. For example, if implemented vertically a Dalit-transgender may not enjoy benefits under the SC category thus not recognizing the intersection of oppressed categories.