Treat Transgenders As Special Category For Employment, Education: High Court Reiterates

Photo courtesy: Hindustan Times

Chennai: Transgenders should be treated only as a special category irrespective of their caste, the Madras High Court said, directing Tamil Nadu government not to bring them under either female or male category for education and employment.

In an order passed on June 12, Justice V Bhavani Subbaroyan said in every employment and educational avenues, the government shall prescribe separate norms for transgenders, reported PTI.

The court was hearing a petition from R Anushri, a transgender who was denied the opportunity to be considered for combined civil service examination for the year 2017-18, which were for non-interview post group-II A services under various categories.

Justice Subbaroyan noted that the petitioner was placed in ‘scheduled caste woman’ category and denied permission by Tamil Nadu Public Service Commission (TNPSC) to upload her certificate for verification as she had scored less than the cut-off prescribed for scheduled caste women.

Justice Subbaroyan said since the petitioner scored the eligible cut-off mark, Tamil Nadu Public Service Commission shall permit the petitioner to upload documents for certificate verification.

The high court asked the government to direct all recruiting agencies of the state to specify transgender as a special category and prescribe separate norms for their cut-off mark.

Justice Subbaroyan said that age relaxation open to other special categories shall also be extended to transgenders, irrespective of their caste, in employment and educational avenues. She made it clear that a transgender, at no point of time in future, shall be brought under male or female categories.

She pointed out bringing the petitioner under woman category went against the order passed by the Supreme Court and Madras High Court.

The country’s top court has clearly said that transgenders should be treated as unique and should not be treated as one among the male or female.