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The Proposal For Inclusion Of Transgender in OBC

The Supreme Court in its judgment dated 15.04.2014 in W.P. No. 400/2012 filed by National Legal Services Authority Vs Union of India and others has, inter-alia, directed Centre and the State Governments to take steps to treat them as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments. The Ministry has filed an application in Supreme Court seeking clarification regarding granting OBC status to such transgender persons who may by birth belong to SCs/STs.

An Expert Committee was constituted in the Ministry to make an in-depth study of the problems being faced by the Transgender Community and suggest suitable measures to ameliorate their problems. The Committee submitted its report on 27th January 2014.

The Ministry of Social Justice & Empowerment has sought clarification from the National Commission for Backward Classes (NCBC) for inclusion of transgenders in the OBC category. NCBC while tendering advice to include Transgender Community in the Central List of Other Backward Classes for all the States, also stated that clarification on the aspect of SC/ST status of Transgender may be sought by the Government from the Supreme Court of India.

Since the Ministry has filed an application in Supreme Court seeking clarification in this regard, no time frame can be indicated.

This information was given by the Minister of State for Social Justice and Empowerment, Shri Vijay Sampla in a written reply in the Lok Sabha today

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