In another landmark decision regarding the transgender community, the Calcutta High Court has issued directions to ensure 1% reservation for all transgender persons in public employment in West Bengal. This judgement is in accordance with guidelines laid down by the Supreme Court aimed at protecting and guaranteeing equality for this often marginalized group.
This case can be viewed as a step towards safeguarding their rights under the Constitution of India, along with relevant legislations such as the Transgender Persons (Protection of Rights) Act, 2019. The court’s decision is premised on the law that “persons are entitled to equal opportunity of employment without any discrimination whatsoever.”
The Calcutta High Court has taken steps towards empowering this community in the past too. For instance, transgender advocate Ankani Biswas was empaneled as an advocate from the West Bengal Legal Services Authority in 2021. The court has also considered matters of equal employment for transgender persons in police services.
This decision has sparked a range of reactions on social media, with some citizens and groups lauding the Court’s initiative while others have questioned whether reservation is more of a legislative responsibility and if this HC order constitutes an overreach by the judiciary.
Regardless, this landmark judgement marks another significant step towards recognizing the rights and dignity of transgender individuals in West Bengal. It sets a precedent for other states to follow suit, ensuring that these individuals are given equal opportunities to participate in public employment without discrimination.