Reservation for transgender persons: SC seeks response from 3 States and 5 UTs

Supreme Court: In a contempt petition alleging absence of effective reservation policy for the transgender persons, even after the pronouncement of the National Legal Services Authority v. Union of India, (2014) 5 SCC 438, the three Judge Bench comprising of Dr. DY Chandrachud, CJI, J.B. Pardiwala and Manoj Misra, JJ. sought response from three States and five Union Territories.

In National Legal Services Authority (supra), the Court held and directed the States and Centre to recognise transgender persons as “third gender” for the purpose of safeguarding their rights under Part III of our Constitution and the laws made by Parliament and the State Legislature. The Court also upheld their right to decide their self-identified gender and directed the Centre and State Governments to grant legal recognition of their gender identity such as male, female or as third gender. Further, the Governments were directed to take steps to treat them as ‘Socially and Educationally Backward Classes’ of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments. The present lis arose regarding the said direction.

The Court noted that Aishwarya Bhati, Additional Solicitor General placed a tabulated statement indicating State-wise compliance with regard to the said direction, wherein it was highlighted that three States and five Union Territories namely, Sikkim, Rajasthan, Telangana, UT of Chandigarh, NCT of Delhi, Lakshadweep, Dadar and Nagar Haveli and Daman and Diu and Ladakh, were yet to file their responses.

Hence, the Court directed the States and Union Territories concerned to file their responses by 31-08-2024.

CASE DETAILS

Citation:
2024 SCC OnLine SC 1742

Appellants :
Kamlesh

Respondents :
Niten Chandra

Advocates who appeared in this case

For Petitioner(s):
Pravir Choudhary, AOR, Reepak Kansal, Adv. Surender Tyagi, Adv. Prince Arora, Adv. Venketa Balaji Kodavali, Adv. Ajay Kapoor, Adv. Tarun Suneja, Adv. Sangeeta Malhotra

For Respondent(s):
Amrish Kumar, AOR, Aishwarya Bhati, ASG Dr. N. Visakamurthy, AOR Digvijay Dam, Adv. Kanu Agrawal, Adv. Pratyush Shrivastav, Adv. B.K. Satija, Adv. T.S. Sabrish, Adv., Annam Venkatesh, Adv. Lokesh Sinhal, Sr. A.A.G. Akshay Amritanshu, AOR Samyak Jain, Adv. Nikunj Gupta, Adv. Himanshi Shakya, Adv. Shadan Farasat, A.A.G. Siddhant Sharma, AOR Shibashish Misra, AOR Deepanwita Priyanka, AOR. Sahil Bhalaik, AOR Tushar Giri, Adv. Siddharth Anil Khanna, Adv. Ritik Arora, Adv. Shivam Mishra, Adv. Abhimanyu Tewari, AOR Eliza Bar, Adv. Diksha Rai, AOR Nimisha Menon, Adv. Arijit Dey, Adv. Apurva Sachdev, Adv. Shurti Agarwal, Adv. Manish Kumar, Sumeer Sodhi, AOR Abhay Anil Anturkar, Adv Dhruv Tank, Adv. Aniruddha Awalgaonkar, Adv.. Surbhi Kapoor, AOR Bhagwant Deshpande, Adv., Vaibhav Srivastav, AAG, Radhika Gautam, AOR, Rushab Aggarwal, Adv. Pashupathi Nath Razdan, AOR, Maitreyee Jagat Joshi, Adv. Astik Gupta, Adv., Japnish Singh Bhatia, Adv. Ridhima J. Aggarwal, Adv. Pragya Baghel, Adv. Pallavi Langar, AOR Aaditya Aniruddha Pande, AOR Siddharth Dharmadhikari, Adv. Bharat Bagla, Adv. Sourav Singh, Adv. Aditya Krishna, Adv. Preet S. Phanse, Adv. Adarsh Dubey, Adv. Saurabh Mishra, AAG Mrinal Gopal Elker, AOR Jitendra Tripathi, Adv. Mr. Pukhrambam Ramesh Kumar, AOR. Karun Sharma, Adv.. Anupama Ngangom, Adv. Rajkumari Divyasana, Adv. R. Rajaselvan, Adv. Avijit Mani Tripathi, AOR. T.K. Nayak, Adv. Rekha Bakshi, Adv. Marbiang Khongwir, Adv. Mr. Siddhesh Shirish Kotwal, AOR Ms. K. Enatoli Sema, AOR Ms. Limayinla Jamir, Adv. Amit Kumar Singh, Adv. Chubalemla Chang, Adv. Prang Newmai, Adv. Aravindh S., AOR Akshay Gupta, Adv. Ekta Muyal, Adv. Mr. Shuvodeep Roy, AOR Saurabh Tripathi, Adv. Vishwa Pal Singh, AOR. Mukesh Kumar, Adv. Shashank Gusain, Adv. Akash, Adv. Srajan Shankar Kulshrestha, Adv. Ankit Shah, Adv. Manan Verma, AOR Astha Sharma, AOR. Himanshu Chakravarty, Adv. Ripul Swati Kumari, Adv. C.K. Sasi, AOR Meena K Poulose, Adv. Anupriya, Adv. Shreekant Neelappa Terdal, AOR Amit Anand Tiwari, Sr. AAG, Sabarish Subramanian, AOR Devyani Gupta, Adv. Vishnu Unnikrishnan, Adv. C Kranthi Kumar, Adv. Naman Dwivedi, Adv. Danish Saifi, Adv. Tanvi Anand, Adv. D.L. Chidananda, AOR, Ankita Sharma, Adv., Arjun D. Singh, Adv.

CORAM :