Horizontal Reservation for the Transgender Community

A cabinet note moved by the centre to include transgender persons in the central list of Other Backward Classes (OBCs) in the month of September this year, gained public attention and criticism in the early days of December. The quota under the OBC category has been sharply criticized for viewing transgender people as a homogeneous community while disregarding the challenges and struggles that exist within.

The landmark NALSAR judgement in 2014 gave rise to the idea of classifying transgender people as OBCs. Some aspects of the ruling, like the right to self-identification, have been hailed by trans groups. Moreover, it also acknowledged that transgender people have historically been discriminated against and excluded from mainstream life and that they should be given preference in public jobs and education. However, numerous members have stated that a blanket OBC categorization and reservation will not do justice to the most marginalised among trans people. Activist Grace Banu, who was recently awarded by the Tamil Nadu government for her work on transgender rights, tells The News Minute, “This move by the government is an eyewash in the name of reservation. If anyone is cheering, it might probably be trans persons from upper castes or classes. But, Dalit/Bahujan/Adivasi (DBA) trans persons are disappointed by this note”. “We are not all OBC category people. We have different caste backgrounds and many of us are facing caste-based oppression within our own community too,” adds Banu, reports the wire.

India is a caste-patriarchal country. The experiences of education, employment comes from the privileges attached with it. Neglecting the caste-class hierarchy while implementing reservation ensures further injustice. Therefore, recognising the need for horizontal reservation is essential – this highlights that the transgender community should be treated as a separate class within already existing reservation slabs.

Amidst all this, Karnataka became the first state to pass a ruling that ensures one per cent horizontal reservations for transgender persons in government employment. Horizontal reservation for the transgender community which cuts across all caste categories understands reservation through an intersectional approach, where a transgender person might be facing compound oppression due to the marginalization of their gender as well as their caste. On August 18, 2021, the Karnataka High Court also ordered the Government to issue an advisory to all state corporations and statutory bodies to also make similar provisions for reservations in employment for transgender persons, reports News Nine.

While this measure of the Karnataka High Court is a step forward towards a thousand miles to go, we must assert our rights in all and every aspect of life. There is a need for reservations to not be limited to government jobs for to be able to apply for these jobs, one needs education. The transgender community is has been struggling for food, livelihood, housing, healthcare and much more. These are important for every human’s basic survival. There, the need is to ensure inclusiveness in government policies in every facet of life that enables the trans community to be able to reach a point where one can apply for government jobs and avail horizontal reservation.

– Article by Vatya Raina