Context: In recent years, the Indian government has made efforts to include marginalised communities by implementing horizontal reservation policies. These policies aim to provide equal opportunities and representation for disadvantaged groups. 

• This article explores the relevance and demand of horizontal reservation specifically for the trans community in India, focusing on their access to education and employment.

Background 

• Trans persons in India have been fighting for the right to horizontal reservation for a long time. 

• The demand for reservation has been raised by many prominent Dalit, Bahujan, Adivasi activists and trans persons as well, such as Grace Banu, Living Smile Vidya and Disha Pinky Shaikh.

What are horizontal reservations?

• Horizontal reservation is an intersectional approach that is provided for within each vertical reservation category. 

• For example, a Dalit woman can access vertical reservation under the SC category, whereas through horizontal reservation she will be able to access reservations for women as well — both of which equally influence the person’s social location. 

Demand to secure horizontal reservation for trans people

• It has to do with the need for mandating provisions for a community that has been marginalised for long in society and recognising the different aspects making up their social identity

• A study conducted by the National Human Rights Commission revealed that in 2017, only 6 percent of transgender people were formally employed. 

• Informal work that a significant portion of the community currently engages in, like begging and sex work, have been criminalised in India under various Acts and laws. 

• But trans persons are often employed in such work for reasons related to both ritual and survival.

• In this regard, the NALSA verdict has largely been interpreted as directing reservations for transgender people in the OBC category. 

• This perhaps stems from the bench identifying the community as “a socially and educationally backward class”. So far, no implementation has happened even to that end.

• Transgender persons have filed several petitions of late in the Delhi HC, Madras HC, Rajasthan HC, etc., asking for horizontal reservation in education and jobs.

Observations of court’s 

• In the National Legal Services Authority of India (NALSA) v Union of India (2014) case, the Supreme Court ruled that transgender persons have a right to reservation, owing to the fact that they “are a socially and educationally backward class”.

• Highlights of judgement: SC directed the Centre and the State Governments to take steps to treat them [transgender persons] 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 NALSA judgement entitles trans persons to reservations on constitutional grounds. It does not, however, mention the nature of reservations – whether they are to be vertical or horizontal.

Other related developments

• In 2015, Rajya Sabha DMK MP Tiruchi Siva presented the Rights of Transgender Persons Bill. 

• This Private Member’s Bill, in line with the NALSA judgment, had provisions for reservation for trans persons — in the public and private sector. 

• The Bill was rejected in the Lok Sabha.

• The Transgender Persons (Protection of Rights) Bill, 2016 was introduced by the Centre. It had no provision for reservations.

• In 2018, a parliamentary standing committee under the Ministry of Social Justice was set up. 

• The committee, again in line with the NALSA judgment, recommended reservations for transgender persons. 

• Yet, the Transgender Persons (Protection of Rights) Act, 2019 did not have any mention of reservation — vertical or horizontal.

• Alternatively, the Rights of Persons with Disabilities Act, 2016, included in its purview the right of disabled persons to accrue horizontal reservation. 

• Since this Act has been implemented, horizontal reservation for disabled people is now ensured under the Central government.

• In 2015, the Tamil Nadu government decided to categorise “transgender or eunuch (thirunangai or aravani)”, that is, only transwomen under the Most Backward Classes (MBC) category. 

• After Sangama v State of Karnataka, Karnataka became the first and only state to offer one per cent horizontal reservation to transgender persons in 2021.

• In April 2023, transgender persons were included in the OBC category in Madhya Pradesh.

Government's stand 

• Since the NALSA judgement, there has been no direction from the Central government on delivering on the right to reservation for trans persons.

• Even as the clamour for horizontal reservation for transgender people in government jobs and education grows across India, the Union government said that there was no separate policy under consideration to provide jobs to transgender people in government organisations.

Why Is The Indian Trans Community Demanding Horizontal Reservation?

Recognising The Diversity Within The Trans Community

• The Indian trans community has long endured social stigma, discrimination, and exclusion, resulting in limited access to education, employment, and opportunities. It, therefore, becomes more crucial to acknowledge that the transgender community is not homogenous. Trans people come from a variety of backgrounds, and clubbing them into one homogenous identity—transgender—erases the experience of their complex identities.

• Understanding intersectionality thus becomes crucial when considering the specific needs and challenges faced by different marginalised groups within the trans community. Transgender individuals from lower castes, religious minorities, or economically disadvantaged backgrounds may experience compounded discrimination. Addressing these intersecting factors is essential to providing comprehensive support and promoting meaningful inclusion.

• For example, SC-ST transgender individuals face compound discrimination due to their multiple marginalised identities. By not allowing individuals like them to claim their right to reservation under both the SC/ST categories and the transgender quota, the system fails to address the unique challenges faced by SC-ST trans people.

Benefits Of Horizontal Reservation

• Horizontal reservation presents a solution by providing a legal playing field for transgender icommunity. Reserving seats in educational institutions and jobs in the public sector can create opportunities for education, stable employment, and the involvement of trans people in the decision-making mechanisms.

• Horizontal reservation accurately addresses the concerns raised by the intersectionality of multiple marginalised identities within the trans community. The policy effectively recognises and accommodates the diverse experiences within the trans community. 

• Considering the aforementioned example of intersectionality, horizontal reservation is helpful in creating separate reservation provisions that specifically cater to the needs of  the SC-ST trans community, ensuring that they are not deprived of the benefits they are entitled to under existing reservation policies.

• One of the primary advantages of horizontal reservation for the trans community is increased representation and opportunities in various sectors. This representation challenges stereotypes, raises awareness, and promotes societal acceptance. Horizontal reservation for transgender and intersex people ensures that their caste identity is not hidden and their systematic oppression on multiple bases is not trivialised.

Moving Towards Inclusion

• Horizontal reservation has not been without controversy. Some argue that it dilutes the benefits of existing reservation policies, while others believe it is an essential step towards inclusive representation. Protests and demands for horizontal reservation have highlighted the urgency of addressing the unique challenges faced by the trans community.

• To promote a fair and just society, it is essential to engage in open dialogue and consider the demands and concerns raised by various stakeholders. By including the voices of transgender individuals and LGBTQ+ community in policy discussions, it becomes possible to design reservation policies that address the unique challenges faced by these marginalised groups. 

• This requires a collaborative effort between policymakers, activists, and community representatives to ensure that horizontal reservation policies are truly inclusive and reflective of the diverse needs of the trans community.

Road Ahead

• While society is moving ahead towards being more inclusive and accepting of the trans community, it is crucial to recognise the diversity within the community. By not allowing individuals to claim their right to reservation under both; the marginalised identity and the transgender quota, we risk perpetuating injustice. 

• It is imperative to engage in dialogue and reform, ensuring that reservation policies are comprehensive, inclusive, and address the unique challenges faced by marginalised groups within the transgender community. By doing so, India can move towards a more equitable and just society for all.