Maharashtra: The Maharashtra government was severely reprimanded by the Bombay High Court which said it would cease the recruitment for government jobs if it failed to keep at least two positions open for two transgender individuals after they filed a complaint with the Maharashtra Administrative Tribunal (MAT) about being unable to fill out forms due to the absence of options for the gender category.
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About the petition
Two transgender people who approached the MAT last month filed a petition, claiming they were unable to fill out the recruitment forms because the option for a third gender was not present. The petition was being heard by a bench of the Bombay High Court, consisting of Chief Justice Dipankar Datta and Justice Abhay Ahuja.
The state government had been ordered by the tribunal to ensure that transgender people can fill out applications so they had a chance of being hired. Additionally, it instructed the state government to establish requirements for physical examinations and standards for transgender people.
The state government, however, complained to the high court about the MAT judgement, claiming that their recruiting process was already in motion and that they were unable to hire people of other genders at the time. The government said in its petition that it would be “very difficult” to follow the tribunal’s instructions because it has not yet developed a separate hiring policy for transgender people.
The Supreme Court has urged the hiring of transgender people for public positions in 2014. Maharashtra has not yet put the ruling of the supreme court into force, despite many states doing so.
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11 state governments had already implemented the order of the supreme court
On Thursday, lawyer Kranti L. C., who was representing transgender people, claimed that eleven state governments had already implemented the order of the supreme court. The bench responded, “Why should Maharashtra lag behind? We want Maharashtra to also do it.”
God hasn’t been good to everyone, therefore we ought to be kind, Chief Justice Datta remarked. “Think of the progressing society we are in. We feel if someone is lagging behind, why shouldn’t we come to their rescue? God has not been kind to everybody. We need to be kind.”
The state government was represented in court by Advocate General Ashutosh Kumbhakoni, who stated that although the government was not against transgender people, it was having practical and legal issues.
The bench said, “For seven years, this government is in deep slumber. You don’t perform your functions and aggrieved people have to then come to courts. When courts pass orders, then we are accused of overreaching. The MAT has done the right thing.”
The government cannot have it both ways, the bench ruled. “You (government) won’t frame the rules and you won’t include them (transgenders). Then halt the entire recruitment process. We will stay the process then you will be forced to frame rules.” the petitioner said.
The judgement instructed Kumbhakoni to ask the government for guidance on whether it was willing to maintain two positions open for the transgender people who sought MAT, and to subsequently develop guidelines for future hiring. The bench also scheduled the case’s next hearing for Friday.
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