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Understanding Reservation Benefits for Transgender Individuals in India

An Overview of Legal Developments and Government Actions

Understanding Reservation Benefits for Transgender Individuals in India

  • 09 Aug, 2023
  • 225

Recent Developments in Reservation Benefits for Transgender Persons

The Central government recently informed the Supreme Court regarding the current status of reservation benefits for transgender persons in India. It was clarified that there is no specific reservation exclusively designated for transgender individuals in education or employment sectors.

Reservation Benefits Available to Transgender Persons

Despite the lack of separate reservations, transgender persons can still access reservation benefits if they belong to existing categories. These categories include Scheduled Castes (SC), Scheduled Tribes (ST), Socially and Educationally Backward Classes (SEBC), and Economically Weaker Sections (EWS).

The NALSA vs Union of India Case

A significant milestone for transgender rights was the Supreme Court's ruling in the NALSA case. The Court directed both the Centre and State governments to recognize transgender persons as socially and economically backward classes of citizens. Furthermore, it instructed the governments to extend appropriate reservation benefits to transgender individuals in educational institutions and public appointments.

Government Initiatives Following the NALSA Judgment

In response to the NALSA judgment delivered in 2014, the government has implemented numerous measures aimed at addressing the challenges faced by the transgender community. These measures include:

  • Creation of a National Portal for Transgender Persons.
  • Enactment of the Transgender Persons (Protection of Rights) Act of 2019.
  • Establishment of a National Council for Transgender Persons to provide guidance on welfare initiatives.

Through these actions, the government aims to promote the rights and welfare of transgender persons, ensuring their inclusion and access to essential services.

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