Trans Indians Turn To Courts For Rights
November 24, 2022Respect, loyalty, and strength are synonymous with India’s trans community.
According to ancient Indian texts, Rama granted trans people the power to confer a blessing on auspicious occasions. But 200 years of British colonialism changed all that. Indian courts have tried to remedy some of these abuses through landmark rulings.
In October, one of the highest courts in India, the Madras High Court, ruled trans people are entitled to a special category for admission to post-basic nursing and post-basic diploma in psychiatry nursing courses.
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The court directed the secretary of the Tamil Nadu Health and Family Welfare department, the director of Medical Education, and the secretary to the Selection Committee to treat the petitioner, S Tamilselvi, as the third gender and place her in a special category for admission to the course for the academic year 2022-2023.
The present exam in the course has been issued only for male and female candidates.
According to Washington Blade, the top court also said that if any other trans person applied for the same course, a separate category of merit list shall be prepared by the secretary consisting of only trans candidates and based on merit among trans candidates.
Tamilselvi, petitioned the Madras High Court to find the post-basic nursing course and post-basic diploma in psychiatry nursing course for the year 2022-2023 as illegal for not categorizing trans candidates under a special category. For the same course, communal reservation is available. But there were no separate reservations available for the third gender, which made Tamilselvi approach the court, according to her lawyer, Reshmi Christy.
The Madras High Court cited the Indian Supreme Court’s decision to treat the third gender as a special category.
“Even though special reservation has not been made horizontally for transgender candidates,” said Justice Suresh Kumar while delivering the decision. “The non-inclusion of the petitioner in the special category meant for transgender is against the judgments given by the Hon’ble Supreme Court as well as this court and also against the provisions of the 2019 Act.”
Kalki Subramaniam, a trans rights and climate activist, applauded the ruling, saying that reservation is very important for the rise of the economic and social status of the trans population of India who, because of the British and their colonial laws, have been marginalized and suffer stigma, exploitation, and poverty. Reservation will help them raise their social and economic status sustainably.
Reacting to the Madras High Court ruling, Chetana Salunkhe of the LGBTQ+ group Navi Mumbai expressed her happiness.
“It is indeed a great news that the Madras High Court came out with the ruling that transgender people in India deserve to be provided special reservation with separate merit list of their own,” said Salunkhe. “As per the Indian society transgender people are not given much opportunities when it comes to studying, working or even generally. But even though this is a start I still believe that merit does not really need to linked with gender, cast creed and that it should be given on knowledge and potential to everyone equally.”
Salunkhe also said that the ruling would lead to greater opportunities for trans people in India as they have been denied even basic rights.
“Due to this one step they will at least get access to education and work which can help them have a stable lifestyle for them and their family and overall even the societies viewpoint will change towards the community when we are seen successful,” said Salunkhe. “I also believe, all we need to grow in life, is to be seen equally in the eyes of the society and be treated right.”
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