Gauhati HC Suggests Separate Physical Standards for Male & Female Transgenders in Future Police Recruitment - 2025-11-27

Gauhati High Court Pushes for Inclusive Police Recruitment, Suggests Separate Physical Standards for Transgender Candidates

Guwahati, Assam – The Gauhati High Court has directed the Assam government to outline its future strategy for making police recruitment inclusive for transgender persons, suggesting that physical standards should be applied differently for male and female transgender candidates. The court's observations came while hearing a Public Interest Litigation (PIL) that challenged a discriminatory police recruitment advertisement.

The Bench, comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury , was hearing a petition filed by the All Assam Transgender Association . While the specific recruitment process challenged in the PIL has concluded, the court used the opportunity to address systemic issues and guide future policy.

Background of the Case

The PIL was filed against a recruitment advertisement for Sub-Inspectors and Constables in the Assam Police. The petitioner's primary grievance was that the advertisement clubbed transgender applicants with male candidates, while maintaining a separate category for female candidates. This, the association argued, was inherently discriminatory.

During the hearing, the court was informed that the recruitment against the advertisement in question was already complete and that no transgender person had applied. However, the court decided to address the underlying issues to ensure fairness in future recruitment drives.

Arguments and Concerns

The petitioner, represented by Advocate Swati B. Baruah, raised two main concerns:

• Discriminatory Physical Standards: Clubbing transgender candidates with males would unfairly require female transgenders to meet the rigorous physical standards set for male candidates.
• Lack of Separate Allocation: The petitioner argued for a dedicated allocation of seats for transgender persons, further divided to allow male and female transgenders to be evaluated against the physical standards of their binary counterparts.

The State of Assam, represented by Senior Government Advocate D. Nath, contended that creating separate allocations would amount to reservation, which is a policy decision. The state submitted that such a policy must be based on empirical data and that a proposal to recognize the transgender community as a socially and educationally backward class is pending approval from the State Cabinet.

Court's Observations and Directions

The High Court emphasized the state's obligation to protect the rights and welfare of the transgender community, citing the landmark Supreme Court judgments in National Legal Services Authority v. Union of India (2014) and Navtej Singh Johar v. Union of India (2018) .

The court noted that while the gender identity of transgender persons is now recognized as a fundamental right to dignity, "special measures are still lacking for providing them the access to employment."

In a significant suggestion for future policy, the Bench observed:

> "It would only be appropriate, which we say by way of suggestion, that male transgender would be subjected to the rigors like male candidates and female transgenders be subjected to the rigors of the female candidates. It would only be in keeping with the Transgender Persons (Protection of Rights) Rules, 2020..."

The court highlighted that such measures are essential for the "full and effective participation of transgender persons for their inclusion in society."

Final Decision and Future Implications

The Gauhati High Court has directed the State of Assam to apprise it of the future course of action regarding an inclusive recruitment process and the status of the Cabinet proposal for reservation for transgender persons in education and employment.

The matter has been listed for further consideration on February 11, 2026 . The court's proactive stance signals a move towards ensuring that future government employment opportunities in Assam are not just open to, but are practically accessible for, the transgender community.