Odisha Human Rights Commission has recommended a 1% reservation for transgender candidates in state recruitment exams. This follows a petition highlighting the exclusion of the ‘third gender/transgender’ category from application forms, violating fundamental rights to equality and non-discrimination. The commission urged immediate inclusion in forms and a 15-day extension for the OCS exam.
The petitioner alleged discrimination and violation of fundamental rights due to non-inclusion of the third gender/transgender category in the application form for the upcoming Odisha Civil Services (OCS) Exam conducted by the Odisha Public Service Commission (OPSC).The petitioner contended that omission of the ‘third gender/transgender’ in the online form prevented applicants like the complainant, from applying and participating in the exam on an equal footing, thereby constituting discriminatory treatment and infringing upon their rights to equality and non-discrimination.The commission, without calling for any report from govt authorities, was prima facie satisfied of the violation of human rights and disposed of the case at the stage of admission.Human rights activist Biswapriya Kanungo, quoting the OHRC order, said the Constitution guarantees equality and non-discrimination under Article 14, ensuring equal protection of laws, while Article 15 prohibits discrimination on grounds of sex, which was interpreted to include gender identity. Article 16 mandates equality of opportunity in public employment, and any exclusion based on gender identity is arbitrary and violative thereof.The commission recommended the general administration and social security departments to consider inclusion of ‘third gender/transgender’ as an option in the applications forms of govt recruitment exams and to make at least 1% reservation for them, and to direct all recruiting boards and authorities, including OPSC, to do the same.As the present complaint relates to the OCS exam, for which applications are already invited, OHRC urged the state govt consider the same at the earliest by making a request to OPSC to allow a ‘third gender/transgender’ option and extend the application deadline for at least 15 days for such candidates. The order stated that govt should ensure the recommendation is carried out by all departments and its corporations.OHRC asked govt to submit a compliance report within 60 days.
