Education to Jobs: How transgenders face discrimination in TS despite SC guidelines

The application form and its online user guide excluded ‘transgender’ persons in its gender section. There are no options other than male and female in the gender field.

By Amrutha Kosuru  Published on  24 May 2022 5:55 AM GMT
Education to Jobs: How transgenders face discrimination in TS despite SC guidelines

Hyderabad: Harika (name changed), a transwoman from Warangal district was planning to apply for Telangana State Level Police Recruitment Board (TSLPRB) examination. She could not finish her application process because there was no section for third genders.

The application form and its online user guide excluded 'transgender' persons in its gender section. There are no options other than male and female in the gender field.

"So, what do I select? My gender is not there. I am being robbed of an opportunity because of my gender," she says.

The form requires transgender persons to submit the details of their dead gender (gender assigned at birth) and name by asking them to submit their details as per their SSC or Equivalent.

Another aspiring applicant, Rohit- who identifies as a trans man explains that in his SSC certificate his gender is 'female'. However, Rohit transitioned into a transperson over the years. "Even if I pass the written test there is no separate physical exam. I will mostly be expected to compete with cisgender men which are unfair. These men will be stronger than me in terms of physical strength," they say.

In addition to the unavailability of the third gender in the application form, the physical test also does not have a separate provision for transmen and transwomen respectively.

"Even if transpersons apply, as per their gender assigned at birth, it would be very complicated. A transman who was a woman when she gave an SSC exam and transitioned later would be expected to compete with other cisgender men. This is not fair at all," says transgender activist Vyjayanti Mogli.

Mogli along with a group of transgender activists in Hyderabad is demanding the inclusion of 'transgender' in addition to male and female in the TSLPRB registration and application form along with separate reservations for the vacancies available.

They also demand that the concerned authorities should Consult the multitude of transgender Community-Based Organizations (CBOs), the Pride Place, the Department of Women Development and Child Welfare, the Department of Social Welfare, and more to frame a comprehensive, scientific and separate selection criteria for transgender persons including male-to-female and female-to-male transgender persons.

Current selection criteria for male and female persons are heavily unfair to the transgender applicant female-to-male transgender persons as the current selection criteria for male and female persons are heavily unjust to the transgender applicants.

"Karnataka is doing this. So, we can do it too," the activists said.

The activists have demanded that after the inclusion of the third gender. TSLPRB has to publish the same in the media and offer transgender persons not less than forty-five (45) working days to apply for the above vacancies of the TSLPRB.

Previous judgments:

It has been eight years since the Transgenders were identified as the third gender by the Supreme Court in the National Legal Service Authorities vs Union of India case. The Supreme Court further directed both the Centre and the State Governments to take steps to treat transgender persons as socially and educationally backward classes of citizens and extend all kinds of reservations in cases of admission to educational institutions and for public appointments.

"However, the Government of Telangana has framed no transgender policy or rules till date despite a multitude of petitions and representations running into dozens from the transgender communities to implement the SC's instructions," Mogli says.

In another judgment (four years ago), the Supreme court directed the government to take measures to eradicate the stigma associated with transgenders.

"Above all, all government officials, including and in particular police officials, and other officers of the Union of India and the States, be given periodic sensitization and awareness training of the plight of such persons in the light of the observations contained in this judgment," the judgment says.

"As a transgender, what more can we do? We filed petitions and now we have solid judgments that need to be implemented by the governments," Mogli says.

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