While the protests for introducing new Maratha reservations rage on in Maharashtra, the transgender community has started a fast unto death for the implementation of reservations that were mandated to them by the Supreme Court nine years ago. The ‘Trittiyapanthi Hakka Adhikar Sangharsh Samiti’ with several trans activists from Maharashtra began a protest demanding 1 per cent horizontal reservations and other rights in Jalgaon Monday (October 30). The Supreme Court recognised transgender people as a “socially and educationally backward class”, entitled to reservations in educational institutes and public employment, in the National Legal Service Authority (NALSA) vs Union of India (2014) case. The Transgender Persons (Protection of Rights) Act, 2019, directed all state governments to provide a column for transgender people. However, that is still not happening in several applications for educational institutes, public employment, and welfare schemes. The transgender community is seeking horizontal reservations, akin to reservations for persons with disabilities, which are granted across the categories – general, scheduled caste, scheduled tribe, and other backward classes. “There is a transgender category in things like railway tickets and bank accounts but not in forms for universities, government jobs or welfare schemes which are our basic rights and the court has granted them to us in 2014,” said Shameebha Patil, a transgender activist who began her fast Monday. Ratnagiri-based trans activist Gouri Suresh Sawant said, “We have been granted this (reservation) by the Supreme Court in 2014. Why is it not being implemented? We are demanding a 1 per cent horizontal reservation instead of vertical because transgender people can belong to any caste, economic level, or other categories.” In March 2023, the Bombay High Court asked the state government why no decision had been taken despite eight years passing since the NALSA judgment. The government representative told the Court, “Considering the extent of vertical and horizontal reservations which are already provided, providing additional reservations for transgender persons seems difficult.” Patil said, “We are a major micro-minority with a population of not more than 50,000 people, a majority of which are homeless which shows the level of historical deprivation of our community. We should be considered eligible for government welfare schemes like Pradhan Mantri Awas Yojana, Sanjay Gandhi Niradhar Yojana, openings for micro-enterprises, or scholarships for education.” At present, Karnataka is the only state that has 1 per cent horizontal reservation for the trans community. In April this year, Madhya Pradesh granted trans people reservation under the OBC category. Transwomen are granted reservation under the MBC (Most Backward Classes) category in Tamil Nadu and seats are reserved for trans students in nursing courses in Kerala.
