Kerala High Court Directs Immediate Reservation for Transgender Students in Law Colleges

Court mandates Bar Council of India to approve two additional seats for transgender students statewide within ten days.

In a significant move to promote inclusivity and equal opportunity in education, the Kerala High Court has issued a directive to the Bar Council of India, mandating the approval of two additional seats for transgender students in all law colleges across Kerala. This decision, delivered by Justice V.G. Arun, addresses the need for immediate action to ensure reservation for transgender students in the Integrated Five Year L.L.B Course for the academic year 2025-26.

The petitioner, Esai Clara, represented by advocates M/s. Raghul Sudheesh and others, sought reservation under the transgender category for admission to the Government Law College, Kozhikode. The petition emphasized the necessity of such measures to aid the integration and upliftment of the transgender community within the educational framework.

The court recognized the proactive steps already taken by the Government of Kerala, which had requested the Bar Council of India to create additional seats for transgender students. However, with the Bar Council yet to make a decision, and no clear timeline for the General Council's next meeting, the court deemed it imperative to intervene.

Justice Arun highlighted the urgency of the situation, stating that the issue "cannot wait endlessly." Consequently, an interim order was issued, directing the Bar Council of India to approve the creation of these seats within ten days of receiving the court's order. This measure ensures that the academic year progresses with the inclusivity mandate in place.

This directive is poised to set a precedent for other states and educational institutions, reinforcing the importance of accommodating and supporting transgender students in higher education. The decision underscores the judiciary's role in facilitating policy changes aimed at fostering an inclusive educational environment.

Bottom Line:

Reservation for transgender category - Direction issued to Bar Council of India to grant approval for creation of two additional seats for transgender students in all Law Colleges across Kerala State for academic year 2025-26.

Statutory provision(s): Constitution of India

Esai Clara v. State of Kerala, (Kerala) : Law Finder Doc Id # 2800708