Facts of the Case

The petitioners, members of the transgender community, sought relief through writ petitions filed as early as 2019, requesting reservations in education and public employment. These petitions were filed in light of the Supreme Court’s landmark judgment in National Legal Services Authority v. Union of India (2014), which recognized transgender persons as a “third gender” and directed state and central governments to extend reservations and other benefits. Despite interim orders and the Transgender Persons (Protection of Rights) Act, 2019, the Kerala Government had not yet implemented a policy to provide reservations for transgender persons, prompting continued judicial scrutiny.

Contentions of the Petitioners

The petitioners contended that the lack of affirmative action, including reservations in education and public employment, perpetuated systemic discrimination against transgender individuals. They argued that the government’s failure to implement policies was a violation of their fundamental rights under the Constitution, including the right to equality (Article 14) and protection against discrimination (Article 15).

The petitioners also highlighted that the lack of access to opportunities prevented them from competing equally with advantaged groups, further marginalizing their community.

Contentions of the Respondent

The Government of Kerala argued that measures had been initiated to support transgender persons, including framing rules under the Transgender Persons (Protection of Rights) Act, 2019, and issuing government orders to assist the community. However, it admitted that comprehensive policies for reservations were yet to be implemented.

The government maintained that while it was committed to protecting transgender rights, systemic and procedural delays had hindered the implementation of the Apex Court’s directives.

Court’s Observations

The Kerala High Court reiterated that the rights of transgender persons, as declared in the National Legal Services Authority judgment, must be enforced without delay. It observed:

“Equality is the basic feature of our Constitution. Unequals have different sets of backgrounds while competing, and they would be denied equal opportunity if the circumstances leading to their inequality are not addressed.”

The court further stated that continued government inaction in implementing reservations amounted to a failure to uphold fundamental rights. It emphasized the constitutional obligation to dismantle societal and structural disadvantages that hinder transgender inclusion.

Court’s Order

The High Court directed the Kerala Government to implement measures for providing reservations to transgender persons in education and public employment within six months from the receipt of the judgment. The court emphasized that these steps are imperative to ensure equal opportunities for transgender persons and to fulfil the mandate of the Supreme Court and constitutional principles of equality. The writ petitions were accordingly disposed of with a directive to expedite compliance.

Credits: Deeksha Rai