Gauhati High Court Advocates for Inclusive Recruitment Policies for Transgender Persons in Assam Police

Court Directs State to Implement Special Measures for Transgender Reservations in Employment and Education

In a landmark judgment, the Gauhati High Court has underscored the importance of inclusive recruitment policies for transgender persons within the Assam Police force, emphasizing that transgender candidates should have distinct categories during recruitment processes. The judgment came in response to a Public Interest Litigation (PIL) filed by the All Assam Transgender Association against the State of Assam, which highlighted discriminatory practices in the recent recruitment advertisement for Sub-Inspectors and Constables.

The court, led by Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, pointed out the flaws in the recruitment advertisement that clubbed seats for male candidates with transgender candidates, thereby imposing the same physical and procedural rigors on female transgender candidates as on male candidates. This approach was deemed discriminatory against female transgender candidates.

During the proceedings, it was revealed that no transgender person applied for the positions advertised, indicating the systemic barriers faced by the community. The court highlighted the necessity for the State to frame policies that ensure reservations for transgender persons, recognizing them as a socially and educationally backward class, as mandated by the Supreme Court in the landmark judgment of National Legal Services Authority v. Union of India, 2014.

The State of Assam, represented by Mr. D. Nath, Senior Government Advocate, and Mr. R.M. Das, Standing Counsel for the Social Justice & Empowerment Department, informed the court about the establishment of a State Level Transgender Protection Cell in 2022. They also mentioned ongoing efforts to categorize transgender persons as a socially and educationally backward class, which, once approved by the State Cabinet, would entitle them to reservations in education and employment.

The court directed the State to take immediate steps to ensure the inclusion of transgender persons in the recruitment process, with specific allocations for male and female transgender candidates, aligning with the Transgender Persons (Protection of Rights) Rules, 2020. The court stressed that the recruiting bodies must be cognizant of the different physical rigors applicable to male and female transgender candidates.

The judgment reiterated the obligation of the State to initiate welfare measures for transgender persons, ensuring their full participation in society and access to employment. The court set a date for further consideration on February 11, 2026, requesting updates on the proposal for reservations and the future recruitment strategies for transgender persons.

The decision marks a significant step towards recognizing and safeguarding the rights of transgender persons in Assam, promising a more equitable approach in employment opportunities and societal integration.

Statutory provision(s): Transgender Persons (Protection of Rights) Rules, 2020

All Assam Transgender Association v. State of Assam, (Gauhati)(DB) : Law Finder Doc Id # 2814164