The High Court of Karnataka on Wednesday ordered issue of notice to the State government on a PIL petition complaining that no provision has been made for the appointment of transgender persons in a notification issued on filling 2,672 posts of special reserve police constables.
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Nataraj Rangaswamy passed the order on the petition filed by Sangama, a society working for the welfare of the transgender community, and Nisha Gulur.
Despite a 2014 judgment of the apex court, which declared that transgender persons would have to be treated as part of a “third gender” for safeguarding their rights under the Constitution and the laws made by Parliament and the State legislature, the petitioners pointed out that the notification calls for filling up the vacancies with “men” and “women”, without any provision for transgenders.
The petitioners also stated that the apex court, in the case of National Legal Services Authority vs. Union of India, had directed the Centre and the States to take steps to treat the transgender community as a socially and educationally backward class and to extend reservation for admissions to educational institutions and for public appointments.
They sought directions to the State government to include transgender as one of the genders and to provide specific reservation for members of the community in the 2,672 posts, which include 2,420 posts of special reserve police constables and 252 bandsmen.
While adjourning the hearing, the Bench asked the government to explain why the law laid down by the apex court was not being implemented.
