Connect with us

Other

Karnataka Becomes the First State to Reserve Jobs for Transgender community

Published

on

171648 transgender web

Hemant Singh – Mumbai Uncensored, 28th February 2022

The state government of Karnataka has reserved 1% of posts horizontally for transgender persons in the Government sector. On Wednesday, Karnataka became India’s first state to offer transgender government jobs.

Chief Justice Abhay Shreeniwas Oka and Suraj Govindaraj of the Karnataka high court have been notified that the state government has amended the Karnataka Civil Services (General Recruitment) Rules, 1977 to provide a 1% horizontal reservation for the transgender community. 

A draft notice published on May 13 proposed an amendment to Rule 9 for this purpose. Proposed amendments to Rule 9 Annex (1D) were included to provide  1% of vacancies filled by the State Government in any department or position among transgender applicants in each of the categories General, Scheduled Caste, Scheduled Tribe, and in each of the other backward classes.

In the meantime, the state government informed the high court on Wednesday that it had not received any objections to the draft notification with regards to Rule 9. It amended the rule on July 6 and inserted sub-rule (1D).

The new classification has the following content:

“Notwithstanding anything contained in the rules of recruitment specially made in respect of any service or post, in all direct recruitment one percentage of vacancies set apart for that method in each of the categories of General Merit, Scheduled Castes, Scheduled Tribes and in each of the categories among Other Backward Classes shall, subject to any general instructions that may be issued by the Government regarding the manner of appointment, be filled from among transgender candidates:

Provided that, every Appointing Authority shall provide a separate column of “Others” along with male gender and female gender in the application for recruitment to any category of Group-A, B, C, or D posts for the convenience of transgender persons. The Recruitment Authority or the Appointing Authority shall not discriminate against a transgender person while making the selection of an appointment to any category of post.

Provided further that, if a sufficient number of eligible transgender persons are not available, to the extent of one percent, the unfilled vacancies shall be filled by male or female candidates, as the case may be, belonging to the same category.

Explanation: For this sub-rule, a Transgender Person shall have the same meaning as defined in Clause (k) of Section 2 of the Transgender Persons (Protection of Rights) Act, 2019 (Central Act 40 of 2019)”.

The intervention of the High Court

The state government amended its recruitment rules after being sued over the exclusion of a separate category for transgender persons on an equal footing with men and women. The state government has sought to fill  2,672 positions – including 2,420 vacancies for special reserve police and 252 musician or bandsmen positions, notices calling for these positions listing age, weight, and other specifications are for men and women only, with absolutely no regard for transgender people.

Jeeva which is a charitable trust filed an interlocutory application (IA) challenging this exclusion In Sangama v State of Karnataka, It also asked for reservations in posts like bandsmen and constable posts for the transgender community. Jiva’s work in creating a policy for the equal participation of LGBTQ people in society, is commendable, Creating sustainable livelihoods and achieving quality of life, pride, and dignity for  transgender communities in Bangalore and other parts of Karnataka 

Initially, the state government proposed considering transgender people in one of the OBC categories, after receiving advice from the Karnataka State Commission on backward classes. However, Jeeva requested reservations for transgender people horizontally, rather than in the OBC’s catalogue, because they were discriminated against because of their gender. Jeeva argues that transgender reservations should be similar to reservations for women or people with disabilities, who can then be offered in vertical reservations categories for OBC and SC/ST.

Jeeva told the Supreme Court that if the state government’s proposal to include transgender people in the OBC category is accepted, it would not allow similar people in the SC and ST communities to apply for reservation rights. Conversely, if a transgender person already has the benefit of reserving a room in the OBC category, it will not be possible to have the additional benefit of the reservations due to gender, as indicated. Furthermore, competition in OBCs will reduce the chances of transgender  among them  getting  very thin positions, Jeeva argued at the Supreme Court

Jeeva’s claim was inspired by the Supreme Court’s decision at NALSA v Union of India (2014), for transgender rights, it was a turning point. In this case, the court ruled that the right to life under article 21 of the constitution includes the right to self-determine their own gender identity and that no one should be discriminated against based on their gender identity, be it male or female. or transgender. . The Supreme Court ordered the Center and state governments to integrate the transgender community into society by treating them as socially and educationally backward citizens, and extended all kinds of reservations in the case of admission to educational institutions and public appointments.

The charitable trust also quoted the Supreme Court’s ruling in Indra Sawhney v Union of India (1992), in which the court held that reservations could be vertical or horizontal.  Under Article 16(4) in favour of SC, ST, and OBCs are the ones we call vertical reservation, which is a social reservation, while a special reserve, which overlaps with a vertical reserve, is known as horizontal reservations. For instance, these horizontal reservations are granted to impaired people (under Article 16)(1). Under the horizontal reservation, different groups such as veterans, displaced persons, women under Article 15(3)  also benefit. Horizontal presets are nested and overlapping vertical reservations, with horizontal catalogue reservations offered within the existing vertical presets catalogue

As horizontal reservations overlap with vertical reservations, this allows reservations not only based on identity, i.e. gender, but also allows reservation when a person has more than one important identity, such as transgender status and ST, ST, or OBC.

The state government of Tamil Nadu included transgender people within a category known as Most Backward Classes (MBC) which is similar to that of the OBC category in Karnataka. The Madras high court directed that instead of including transgender persons within the MBC, horizontal reservations in each vertical category be provided instead of MBC.

Jeeva argued before the high court that the Supreme Court held that, although article 16(4) was adequate regarding the vertical reservation for backward citizens, it was incomplete in the scope of the reservation under the Constitution, Article 16(1) which says “equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State” grants horizontal reservations for other classes of people. Those deemed by the State to be eligible for reservation under Article16(1) shall be niched in the relevant category or quota as defined under Article16(4) forming an intersectional grid.

What Jeeva got vs what it wanted.

Jeeva, in the application, asked for guidance that would include all privileges

and easing such as physical requirements, cut-off marks, age restrictions, and transgender assessments. Privileges and easing that widows and impoverished military veterans get will be extended to transgender people said the Madras high court. “Only if all these relaxations are provided to transgender persons, will they be provided equal opportunity in public employment,” Jeeva said to the high court

Jeeva has also called for reservations and concessions for transgender people in the public sector of education, at both lower and higher levels of education, Reservations and concessions in housing programs, including housing placement and allocation of Plot or concessional land, occupations, businesses, etc.
Jeeva’s AI has also mentioned reservations about transgender people in poverty alleviation and developmental programs, like reserved gram panchayats seats, Urban local bodies, including municipalities, town councils, and municipal corporations.

Other

Waqf Board Claims 53 Historic Monuments in Karnataka, Raises Concerns Over Encroachments on Protected Sites

Published

on

By

Waqf Board

The Waqf Board has recently laid claim to at least 53 historical monuments in Karnataka, a state currently under Congress governance. This claim covers prominent sites such as the Gol Gumbaz, Ibrahim Rauza, Bara Kaman, as well as forts in Bidar and Kalaburagi. Among the 53 monuments, a significant majority—43—are located in Vijayapura, a city that was once the capital of the Adil Shahi dynasty. The remaining sites include six monuments in Hampi and four in the Bengaluru Circle.

According to a Deccan Chronicle report, the Waqf Board in Vijayapura first declared 43 centrally protected monuments as its own in 2005. This claim was made during Mohammad Mohsin’s tenure as Principal Secretary of the Health and Family Welfare Department (Medical Education). During that time, Mohsin also served as Chairman and Deputy Commissioner of the Waqf Board in Vijayapura. He asserted that this claim was backed by “authentic documentary evidence” and was subsequently acknowledged in a government gazette notification issued by the Revenue Department.

The Waqf Board has reportedly leveraged the Record of Rights and Government’s Certificate, documents typically issued to property owners, to establish its claim. However, by law, ownership of a property by the Archaeological Survey of India (ASI) means it cannot be de-notified or transferred to another entity. This restriction is established under the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act and Rules of 1958, which strictly prohibits any such transfer.

“While the ASI holds legal ownership of the land and monuments, the encumbrance has been recorded in favor of the Waqf authority,” states a Right to Information (RTI) response obtained by Deccan Chronicle. This transfer of rights appears to have occurred without ASI consultation, raising legal and procedural concerns.

An ASI official revealed that a joint survey of the monuments was conducted in 2012, during which the Waqf Board was asked to provide evidence for its ownership claims. At that time, the Board did not present any documentation supporting its claims. Yet, the ASI official reports that 43 of these sites are now considered “encroached” by the Vijayapura Waqf Board, leading to a range of modifications that compromise their historical value.

“The 43 monuments in Vijayapura are being defaced, with repairs using plaster and cement that violate conservation standards. Modern additions such as fans, air conditioners, fluorescent lights, and toilets have been added to these monuments. Some areas have even been occupied by shopkeepers,” the official emphasized, pointing out how these changes have adversely impacted tourism and the preservation of these sites.

The encroachments, which have remained unresolved since 2007, persist despite direct instructions from the Union Ministry of Culture to the Karnataka Chief Secretary, the Vijayapura Deputy Commissioner, and the Minorities Welfare Department. This ongoing issue raises questions about the stewardship of Karnataka’s cultural heritage, as the state’s historic sites face pressures from both modern encroachments and competing ownership claims.

Continue Reading

Other

Violent Eviction Attempt in Bhayandar Leaves Six Injured

Published

on

By

Six people burned 1 d

A dangerous situation unfolded in Bhayandar on Wednesday when police officers were met with violent resistance while attempting to evict a family from their rented flat. The Choubey family, who had been accused of refusing to vacate the premises despite the lease expiring in September 2023, escalated the situation to a shocking level.

When police arrived at the Geeta Nagar residential complex to conduct a panchnama, the family initially resorted to intimidation tactics, hurling utensils at the officers. However, the confrontation took a more sinister turn when they threw boiling water at the police, causing severe burn injuries to four constables, one officer, and a panch.

Reinforcements were immediately dispatched to the scene, leading to the arrest of three members of the Choubey family – the parents and their 26-year-old son. Their daughter remains at large.

The incident has raised serious concerns about the safety of law enforcement officials while carrying out their duties. Investigations are ongoing to determine the exact circumstances surrounding the incident and to apprehend the remaining suspect.

This shocking event underscores the potential dangers faced by law enforcement personnel when dealing with volatile situations.

Continue Reading

Other

Tragic Road accident occurs in the Mumbai Bandra Sea Link; Taxidriver rammed the car over the 2 for death

Published

on

image2 1

Shobhit Chandola – Mumbai Uncensored, 15th June 2022

On Monday, 30th May, a 43 year old businessman Amar Manish Zariwala along with his driver Shyam Sundar Kamat were traveling on Bandra Worli Sea link  in their car on their way to Malad unless the tragedy occured. They stopped their car in the midst as the kite fell on the road due to the collision with the automobile. To take the glance and save the bird, both came out of the car. But within a span of 30 seconds they were immediately hit by the taxi.

aOzcxkMdYRBy8NWvgudeEyBKYhpLAGzsscGfWmRXBa7ubJgA5AO2VPAm 4DuCKg3 akwWVieotnR6OuXrZjZcwJezUr bMf2cYnAsh nQYq8TlVDicR7CpiIRaKhXgbahUhArM1MpbZzD6MYhQ

The intensity of the accident was so major that both of them soared in the air and fell on the road with flat backs. Both of them were rushed into the Lilavati Hospital as per whose report Amar was declared dead ( on the spot ) whereas Shyam Sundar undergoing treatment was pronounced dead after a few days.Due to the presence of CCTV in the Bridge, the CCTV footage has sparked on the internet. 

The accused driver has been identified as Ravindra Kumar Jaiswar (38) and has been booked for rash and reckless driving. The accident occured at Pole Number 76 of the sea link and the police arrived soon after the accident. It is worth noting that the driver is not encouraged to stop on the sea link, the speed limit to be maintained should be at most 80 km/ hr. And in case if from the sight of the driver, any inappropriate scenario is happening within the 100 m distance, He / She needs to control the vehicle. In the case of Amar Zariwala, it is evident that the driver had ample time to be aware of avoiding the collision. Thus, the Police have chargesheet the driver. 

                                        Amar Zariwala File Photo

Mr. Manish Zariwala, father of the deceased in his statement said that His son was a Biophile and Zoophilist and was always up for animals & birds’ betterment. However, what could be termed as a Howler or gallant decision is that the victim’s father has said to not charge the taxi driver to avoid the inconvenience to the family of the guilty since their child is nomore and have added they have forgiven the latter.

Continue Reading

Trending