New Delhi: The Centre has informed the Supreme Court that transgender persons can avail quota benefits-- for jobs and education under categories of SC, ST, SEBC, EWS -- only if they fall under the existing categories of reservation.
The apex court, in a 2014 judgment, had ordered the Centre and state governments to treat them as “socially and educationally backward classes and extend all kinds of reservation” in government jobs and higher education.
The Ministry of Social Justice and Empowerment, in a counter affidavit filed in the apex court, said the government is providing reservation for the purpose of mainstreaming the poor and marginalised and there is no separate reservation for transgender persons in education or employment. The affidavit said 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- Scheduled Castes (SC)- 15%; Scheduled Tribes (ST) - 7.5%; Socially and Educationally Backward Classes (SEBC) - 27%; Economically Weaker Sections (EWS)- 10%.
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Parliament passed the Transgender Persons (Protection of Rights) Act, for the welfare of transgender persons but did not provide quota benefits to the community as such. The Centre, in its affidavit, said, “The benefits of any of the reservations including the above 4 reservations can be availed by the marginalized and eligible population of the country including transgender persons”.
The Centre stressed that transgender belonging to SC/ST/SEBC communities are already entitled to reservations earmarked for these communities. "Any transgender outside the SC/ST/SEBC communities with family income of less than Rs 8 lakh is automatically included in the EWS category." The entire marginalized and eligible population of the country (including transgenders) is at present covered under any one of the above 4 categories, it said.
In 2014, the apex court had granted legal recognition to transgenders as a third gender, putting personal autonomy, and right of choice on par with human dignity. The top court also issued directions to the central government and state governments to develop social welfare schemes for their upliftment, while ensuring they are considered as a SEBC for the purposes of availing reservation benefits.
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In March this year, the apex court issued a show cause notice to the Centre, on a plea by a group of transgender persons for failing to comply with the directions issued by the court in 2014. Detailing on steps taken for the welfare of the community, the Centre, in its affidavit, said a National Council for Transgender Persons has been constituted on Aug 21, 2020. The Council will advise the Government on policies, programmes, legislation and projects with respect to Transgender Persons. NCERT is developing a training module headlined as "Inclusion of Transgender Children in School Education: Concerns and Roadmap," it said.
