Centre likely to treat transgenders as OBCs to give them education quota

NEW DELHI: Four years after the landmark Supreme Court order declared transgender people as the ‘third gender’ and called for reservations for them in admissions to educational institutions and in government jobs, the government has finally started discussions to implement this order. The education ministry, ETlearns, has begun studying methods to implement reservation for transgenders in higher educational institutions, following discussions last month. This is likely to be done through the OBC route, when transgender persons are also included among the list of Other Backward Castes (OBCs). The National Commission for Backward Castes (NCBC) is learnt to be seized of the matter, ET gathers.

The Ministry of Social Justice and Empowerment also recently sought NCBC’s advice on the issue of including transgenders in the list of OBCs, officials confirmed to ET.

The move follows the landmark 2014 Supreme Court order in NALSA Vs the Union of India. In the order, SC had directed the Centre and state governments to take steps to treat transgenders “as socially and educationally backward classes of citizens and extend all kinds of reservations in cases of admission in educational institutions and for public appointments”. However, the same is yet to be implemented.


While the Centre did bring in the Transgender Persons (Protection of Rights) Act, 2019, it has stayed the issue of reservations, which attracted much criticism. However, clause 8(2) of the Act says “the appropriate government shall take such welfare measures as may be prescribed to protect the rights and interests of transgender persons, and facilitate their access to welfare schemes framed by the government”.

A fresh inter-ministerial consensus-building exercise was conducted earlier this year on the issue with the social justice ministry writing to the education ministry on plans to include transgenders among the Socially and Economically Backward Castes. In an April 15, 2020 communication, MSJE sought the education ministry’s view on the proposal which was originally to be part of the rules framed for the Transgender Persons (Protection of Rights) Act, 2019. The education ministry implements reservations for socially and economically backward castes in Central educational institutions only as mandated by the MSJE –– the nodal department on all SEBC issues.