The Maharashtra Administrative Tribunal (MAT) has recently emphasised the need for the government to take more steps towards integrating the transgender minority into mainstream society. The tribunal noted that it is not within its power to grant reservations for transgender people in public jobs and education.
Retired Justice Mridula Bhatkar, the chairperson of MAT, and member Medha Gadgil passed an order stating that true inclusion will be to provide appointments to transgender persons in the government and public sector. They pointed out that just identifying and acknowledging the existence of transgender people in society is not enough.
The tribunal was responding to petitions submitted by three transgender individuals: Arya Pujari, Vinayak Kashid, and Yashwant Bhise. They requested the government include a third gender option on online registration forms and provide them with reservations for government jobs. Bhise applied for the position of talathi, while Pujari and Kashid applied to be police constables.
Their attorney, Kranti LC, argued that transgender people are entitled to reservations in states like Tamil Nadu, Chhattisgarh, Karnataka, Jharkhand, and Bihar.
In response, the tribunal stated that while it cannot grant reservations to transgender people, it can provide some accommodations. The state has been instructed by MAT to provide applicants with the requisite grace marks to meet the cut-off marks and to consider candidates who have attained 50% of the overall marks for the relevant positions. It further stated that if an applicant receives 45% of the possible points and is otherwise ineligible, they will be granted an age relaxation.
The tribunal said that not a single transgender person who has come out of the closet has a job in the government sector.
The panel further stated in a comprehensive 26-page ruling that "we have historical, mythological, and cultural instances of eunuchs and their participation in political, social, or cultural fields." It added that transgender individuals are a minority group whose situation is worse than that of women, who have always demanded equality.
The tribunal concluded by saying that it is not enough to simply recognise transgender people as having distinct identities. They also need opportunities for public work. It urged the government to take the necessary steps to make it possible for these transgender individuals to obtain employment in the government sector.
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