38.6c New Delhi, India, Thursday, June 20, 2024

Karnataka High Court Directs State Government for Implementation Of The Transgender Act,2019

By Aditya Suresh Kale      04 September, 2020 03:44 PM      0 Comments
Karnataka High Court Directs State Government for Implementation Of The Transgender Act,2019

The State Government of Karnataka had been directed by the High Court to take the necessary steps for effective implementation of the provisions provided in the Transgender Persons (Protection of Rights) Act, 2019 and also provide all kind of benefits and reservations to the respective members, according to the provisions therein.

“By way of interim relief, we direct the state government to take immediate steps for implementation of the directions contained in paragraph 135.3 above. While doing so, the state government will have to also take steps to implement and enforce the relevant provisions of the said Act of 2019” provided by a division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi.

The Supreme Court has been provided the ratio decidendi in the case of National legal service authority vs Union of India and others in this case the Apex Court has provided directions to the states as well as to the central government to formulate the steps to treat them as socially and educationally backward classes of the citizens and extend all kind of reservations in case of admissions in the educational institution and for a public appointment.

The bench is going to monitor the working of the steps taken by the State Government. The bench had directed the state government to file an affidavit Reporting compliance on or before 29 September. It has posted the matter for consideration of the compliance report by the 1st of October.

The direction which has been given in the hearing of the petition filed by Sangama, a society working for the upliftment of sexual minorities, sex workers, and people living with HIV is also pertinent here.

Advocate Tarjani Desai who had appeared for the petitioners had relied on the judgment of the apex court, in her argument it is argued that the state in its appointment notification for filling up vacancies of Special Reserve Constable Force and Bandsmen, specifies only 'Men' and 'Women' as the genders which can apply for the vacancies. Throughout the impugned notification the age, weight, and other specifications are given pertaining separately only to 'Men' and 'Women', in total disregard of the 'Third Gender'.

The plea was that "The Hon'ble Supreme Court had recognized the legal rights of the third gender persons and held that they were fully entitled to Fundamental Rights under the Constitution and under International law.

The impugned notification shows that the same is in contravention of rights of Transgender persons and the same affects the Constitutional and Fundamental Rights of the Transgender persons under Article 14, 19 & 21 of the Constitution of India".

Recruitment is to be done for filling up vacancies of a total of 2672 posts including 2420 vacancies to the post of Special Reserve Constable Force and 252 Bandsmen posts are to be done.

The prayer which has been requested from the side of the petitioner which has been made at the High Court for directing the state government to include a separate category for transgender persons for the post of Special Reserve Constable Force as well as Bandsmen, and consider all the applications by the transgender at par with other two gender categories.

Share this article:

Leave a feedback about this

Trending Executive
MK Stalin Urges Amit Shah to Withdraw New Criminal Laws

Tamil Nadu CM Stalin urges Home Minister Amit Shah to withdraw new criminal laws, citing lack of consultation and fundamental errors in the enactments.

19 June, 2024 11:16 AM
Trending Judiciary
Calcutta HC mandates 1% reservation for transgenders in West Bengal Public Employment [Read Order]

Calcutta HC directs 1% reservation for transgenders in West Bengal public employment, ensuring equal opportunities and implementing Supreme Court’s 2014 mandate.

19 June, 2024 11:33 AM


Trending Judiciary
SC notice to petitioners on NTA's plea to transfer petitions on NEET UG

SC issues notice on NTA’s plea to transfer NEET UG petitions from various High Courts to apex court. Court to review alleged irregularities on July 8.

14 June, 2024 12:44 PM
Trending Business
Hyundai Motor India Set to File IPO Papers, Aiming for Historic $3 Billion Share Sale

Hyundai Motor India to file for IPO, aiming to raise $2.5-$3 billion in what could be India’s largest share sale, enhancing its market value and competitive edge.

14 June, 2024 01:55 PM
Trending Judiciary
Madras HC sentences Contemnor to 6 months jail for scandalous allegations against Judges [Read Order]

Madras High Court sentenced PU Venkatesan to 6 months in prison for making scandalous allegations against judges, emphasizing the need to uphold judicial dignity.

14 June, 2024 03:40 PM
Trending Business
Release of Aamir Khan's son's debut film 'Maharaj' stayed by Gujarat HC on plea by Shri Krishna devotees

Gujarat HC stays release of Aamir Khan’s son Junaid Khan’s debut film ‘Maharaj’ till June 18 on plea by Shri Krishna devotees of the Pushtimarg sect.

14 June, 2024 05:51 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email