Friday, December 1, 2023

Patna HC directs Bihar govt to file reply by Dec 22 on demand for transgenders to apply for constable post

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The Patna High Court on Monday summoned the Bihar government for not having a transgender column to apply for the post of Constable. While hearing a petition filed by a transgender Veera Yadav, the division bench of Chief Justice Sanjay Karol and Justice S. Kumar directed the state government to file its reply on December 22.

The petitioner’s advocate submitted that no provision for application for transgender has been made in the police constable recruitment. Due to this, transgenders’ application has been denied. At the same time, the state government’s advocate Ajay argued that since it is a policy matter of the government, the government should be allowed to reply.

“Prima facie what we find is that the persons belonging to the Transgender Community are totally precluded from the process of applying for a post of a constable, much less, agitate their right of reservation,” the Court remarked.

The number of transgenders in the state is 40,000 of which 8% of them are between 18 to 32 years old. Among them, 46% are Class 12 pass-outs. Accordingly, 1,500 of them can participate in recruitment. In Kerala, Tamil Nadu, Rajasthan, Chhattisgarh and Odisha, transgenders are being given opportunities in police.

The special thing is that the physical efficiency test of the transgender is taken in the female category only. In Chhattisgarh, a special training camp is organized for transgender to pass physical efficiency test. Transgenders have been given a chance in 2018 itself. Prithika Yashini is transgender and works as a Sub-Inspector. At the same time, Ganga Bhavani is transgender in Rajasthan and is working as a constable.

The petitioner transgender said Bihar is the first to adopt a transgender identity but the sepoys are being denied the right to participate in the recruitment process.

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Veera Yadav has written to the High Court demanding inclusion of transgender columns in the recruitment of constables. Because the Transgender Act 2019 has been passed by the Central Government from Parliament, a policy has been set regarding this. Yet the Bihar Police Selection Board is not following it. While the Central Government has given place for it in paramilitary forces.

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