Staff Reporter
Guwahati: The Gauhati High Court directed the Social Justice & Empowerment Department to furnish details, by the next date of hearing, as to the future course of action with respect to the status of male and female transgenders and steps to make the recruitment process in the future inclusive for them.
The order was issued on a public interest litigation (PIL) case (No. 6/2022) filed by the All Assam Transgender Association concerning an advertisement by the Assam Police for recruitment of transgender persons as sub-inspectors and constables.
The Court stated it would also like to be informed whether the proposal for reservation in favour of transgenders in education and employment has received the Cabinet’s approval.
This PIL sought to address the grievance of the petitioner against the Assam Police, in particular, for having published an advertisement which they claimed to be discriminatory for the recruitment of transgender persons as sub-inspectors and constables. The primary concern of the petitioner was that with the clubbing of transgender with male candidates, the female transgenders would have been required to undergo the rigours of the male candidates, which was discriminatory.
The concern of the petitioner, therefore, was two-fold, viz., that there should be some allocation of seats for the transgender persons, and within such allocated number of seats, it should be opened for the candidates to apply as a male transgender or a female transgender so as to be subjected to the same rigour as a binary male and female, respectively, in the process of recruitment.
D. Nath, the counsel for the state government, submitted that this would relate to the policy decision of the state. Unless a policy is framed, the Director General of Police or the recruitment body cannot go for such separate allocation, which would amount to reservation. The percentage of reservation would have to be based on empirical data regarding the number, their social and economic status and other factors, he added.
However, the bench of Justice Ashutosh Kumar and Justice Arun Dev Choudhury, during the course of hearing of the petition, said they have been told that in accordance with the Transgender Persons (Protection of Rights) Rules, 2020, a State Level Transgender Protection Cell has been constituted on October 14, 2022, by the Assistant Inspector General of Police (R), Assam, under the chairmanship of the Director General of Police, Assam.
The transgenders in the State of Assam are provided with identity cards, making them eligible for specialized privileges, like medical facilities, ration cards, etc. Since the Supreme Court in the year 2014 recognized transgender persons as a third gender, the governments of the states were directed to provide them with all kinds of reservations in education and employment, treating them as a socially and educationally backward class.
R.M. Das, the standing counsel of the Social Justice & Empowerment Department, submitted that a proposal has been mooted to recognize the transgender community as a socially and educationally backward class, which will be placed before the State Cabinet for approval. After the Cabinet approves the proposal, the transgender persons will receive reservation in education and employment as per the norms in both cases.
Once the proposal receives the assent of the State Cabinet, it would be the bounden duty of the recruiting bodies to allocate a special number of seats. While doing so, special care would be required to be taken with respect to the kind of rigours that the members of transgenders would be subjected to. It would only be appropriate, which the bench stated by way of suggestion, that male transgenders be subjected to the rigours like male candidates and female transgenders be subjected to the rigours of the female candidates. It would only be in keeping with the Transgender Persons (Protection of Rights) Rules, 2020, whose object and reasons are to provide for the protection of rights of transgender persons and their welfare and for matters which are connected therewith and incidental thereto.
The bench further observed that there is, today, the recognition of the gender identity of the transgenders, which lies at the heart of the fundamental right to dignity, but special measures are still lacking for providing them the access to employment. It is only then that the transgenders can also be included in the mainstream of the society.
On this aspect, the bench directed senior government advocate D. Nath and the advocate representing the Social Justice & Empowerment Department, R.M. Das, to apprise the Court, by the next date, as to the future course of action, especially with respect to the status of male and female transgenders and steps to make the recruitment process in the future inclusive for them. Also whether the proposal for reservation in favour of transgenders in education and employment has received the approval of the Cabinet.
The matter has been listed again for further consideration on February 11, 2026, along with PIL No. 74/2018 and PIL No. 2/2022.
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