A Public Interest Litigation has been filed before Bombay High Court seeking implementation of Supreme Court guidelines which has made it mandatory to include transgender persons in public sector employment.
The High Court bench has issued notice to the Maharashtra govt and Public Service Commission to submit their response to the plea.
“The State of Maharashtra has failed to fulfill its Constitutional obligation under Article 14 and Article 21 towards the members of Transgender community in Maharashtra,” the PIL stated.
The petitioners include two NGOs Sampada Grameen Mahila Sanstha (SANGRAM) and Muskaan Sanstha, and two aggrieved transgender persons.
The petitioners have submitted non-inclusion of the third gender in the public sector recruitment process amounts to violations of the right to equality, the freedom of speech and expression, and the right to life and dignity guaranteed under the Constitution.
The petitioners have sought directions under clause (m) of Section 2 of the Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Special Backward Category and Other Backward Classes) Act of 2001.
The petitioners have argued that denying inclusion is non-compliance with the directions of the Supreme Court in National Legal Services Authority (NALSA) vs. Union of India, where it was mandated the inclusion of transgender persons in public-sector employment under the Socially and Educationally Backward Classes of Citizens [SEBC] is a fundamental right under Articles 15 and 16 of the Indian Constitution.
One of the petitioners was denied employment with Maharashtra State Electricity Transmission Company (Mahatransco) as ‘third gender option was not available.
The other petitioner had applied for the post of police but was denied employment for a similar reason.
Besides seeking implementation of Supreme Court guidelines, the petitioners have also sought appropriate horizontal reservation for ‘third gender’ in all recruitment.
