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Reservation of Jobs for Transgender Persons in Karnataka

  • Category
    Polity & Governance
  • Published
    26th Jul, 2021

Karnataka has become the first state in India to reserve jobs in public employment for transgender persons.

Context

Karnataka has become the first state in India to reserve jobs in public employment for transgender persons.

About

About the Transgender’s reservation

  • The state government has amended the Karnataka Civil Services (General Recruitment) Rules, 1977 to provide for 1% horizontal reservation for the transgenders.
  • The proposed amendment to Rule 9 Sub Rule (1D) was inserted to provide for 1% of vacancies which needs to be filled in any service or post by the state government from among the transgender candidates in each category of general, Scheduled Castes, Scheduled Tribes and in each of the categories among the Other Backward Classes.
  • Every Appointing Authority shall provide a separate column of “Others” along with the male gender and female gender in the application for the recruitment to any category of Group-A, B, C or D posts for the convenience of the transgender persons.
  • The Recruitment Authority or the Appointing Authority shall not discriminate a transgender person while making the selection of appointment to any category of post.

Reservation under the Indian Constitution

  • Objective for reservations to the Scheduled Castes(SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) in the services is not just to give jobs to some persons who belongs to these communities.
  • It basically aims to empower them and to ensure their participation in decision making process of the State.
  • Articles Related to reservation:
  • Clauses (4) and (4A) of Article 16 of the Constitution make provisions for the reservation by the state.
  • Article 46 provides that the State shall promote the educational and economic interests of the weaker sections of the people, and, in particular, the Scheduled Castes and Scheduled Tribes, and shall protect them from social injustice and all forms of the exploitation.
  • Articles 341 and 342 of the Constitution define who would be Scheduled Castes and Scheduled Tribes with respect to any State or Union Territory.
  • Article 16 of the Constitution and also Article 335have direct bearing on reservation in services.
Vertical reservations
  • Reservation for the Scheduled Castes, Scheduled Tribes, and for Other Backward Classes is referred to as the vertical reservation.
  • It applies separately to each of the groups which are specified under the law.
  • Article 16(4) of the Constitution contemplates the vertical reservation.

Horizontal reservations

  • The horizontal reservations are provided under Article 16(1).
  • This reservation is provided to the persons with disabilities
  • Under horizontal reservations, various groups such as ex-army personnel, displaced persons, women under Article 15(3) have also been benefitted.
  • Horizontal reservations cut across the vertical reservations whereby reservations under a horizontal category are provided under the existing category of the vertical reservations.
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