CLPR’s ” Making Rights Real” policy brief recognises that reservations are critical in addressing the livelihood concerns of the transgender and intersex community and proposes the manner of implementation of such reservations. In suggesting a framework for providing reservations, the policy brief stays true to the principle of self-identification of gender identity, traces the legal and constitutional framework on reservations in India, and considers legislative, executive, and judicial efforts at providing reservations of transgender and intersex persons so far.
The policy brief makes the following four detailed recommendations:
- A single comprehensive legislation must be enacted, which responds to the livelihood concerns of the transgender and intersex communities and which specifies the quota for reservation, based on a nationwide empirical exercise.
- The statute should clearly define ‘transgender and ‘intersex’ persons and must lay down a process for self-identification of gender identity, unencumbered by medical diagnosis, and any physical or mental health assessment.
- Identification cards for transgender and intersex persons should be issued by State Transgender Welfare Boards, with at least 50% representation from the transgender and intersex community. These Boards must also conduct periodic studies and surveys on the impact of reservations on the transgender and intersex communities.
- Reservations in educational institutions and public employment should be horizontal and compartmentalised, such that it is sensitive to the intersectional experience of discrimination based on gender identity and caste.
This brief was prepared based on consultations held with various stakeholders.