Prashant Bhaware (NALSAR University of Law) has posted Constitutional Prospects for Providing Reservations for Transgender Persons in India on SSRN. Here is the abstract:
It has been more than a decade since the Supreme Court of India in the landmark case of National Legal Services Authority v. Union of India (2014) recognized the historical marginalization of the transgender community and directed the governments to extend reservation policy to transgender persons. However, except Kerala and Karnataka, other state governments and the union government are yet to formulate reservation policy in this matter. While contextualizing social marginalisation of transgender persons shaped by heteronormativity and Brahminical patriarchy, this paper aims to evaluate state interventions and modalities of reservation for transgender persons in accordance with principle of substantive equality and reservation policy jurisprudence. Using doctrinal method of legal research to analyse primary sources along with relying on imperial and theoretical scholarship, I argue that the modality adopted by the Karnataka Government to implement modality of 1% compartmentalized horizontal reservation policy for transgender persons is appropriate policy framework for other governments to incorporate.
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