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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, P. KRISHNA KUMAR
Kabeer C., S/o.Sraju C - – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
A.Muhamed Mustaque, J.
Transgenders filed these writ petitions. They seek relief of a writ of mandamus directing the Government of Kerala to provide reservations to transgender persons in education and public employment. The earliest writ petition was filed in 2019. These writ petitions were filed in the light of the declaration of law by the Apex Court regarding the right of transgenders in National Legal Services Authority v. Union of India and Ors. [(2014) 5 SCC 438]. This Court passed various interim orders in the earliest writ petition, W.P.(C). No.29247/2019. However, nothing has come out effectively to provide reservations to the transgenders. We also note that the Government has taken various measures to assist transgenders through different Government orders from 2015 onwards. Yet, the Government failed to evolve policies providing reservations to transgenders.
2. While ordinarily this Court may not interfere in the policy domain of the Government, in cases involving fundamental rights and a clear direction from the Apex Court existing, the judicial role in enforcing such rights become imperative. The continued inaction by the Government, despite clear legal and c
The Court affirmed the necessity for the Government to implement affirmative action policies, providing reservations for transgenders in education and public employment, as mandated by the Constituti....
Reservation to transgenders - In the absence of any steps taken by the State, failure of its instrumentalities to provide reservation to transgenders does not make the notification impugned in this w....
The judgment establishes the obligation of the government to ensure non-discrimination in employment as per the 2019 Act and the fundamental rights of transgender persons.
Recognition of transgender as 'third gender', right to self-identified gender, and the directive for legal recognition, reservation, and social welfare schemes for transgender persons.
The judgment establishes the legal principle of prohibiting discrimination against transgender persons, recognizing their rights and protections under the Transgender Persons (Protection of Rights) A....
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