A bench comprising Chief Justice of India (CJI) D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra issued a notice seeking response from the Centre and all states and Union Territories on the plea filed by a transgender individual from Kerala.
Responding to a similar plea, the Union government had said in July that transgender persons can avail the already earmarked reservations in jobs and educational admissions and there is no separate reservation being provided to them.
In March this year, the Supreme Court had issued a contempt notice on a petition alleging non-compliance of its order rendered in the 2014 landmark case of National Legal Services Authority (NALSA) vs Union of India.
The affidavit filed by the Secretary in the Union Ministry of Social Justice and Empowerment said that “transgenders belonging to SC/ST/SEBC communities are already entitled to reservations earmarked for these communities”.
Further, it added that any transgender outside the SC/ST/SEBC communities with annual family income of Rs 8 lakh is automatically covered in the EWS category.
In its landmark judgment, the top court had directed the Centre and the state governments to treat transgenders as “socially and educationally backward classes” and extend all kinds of reservation to them in cases of admission in educational institutions and for public appointments.
The historical verdict recognised the “third gender” and granted legal recognition to their gender identity.
–IANS
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