(a) the total number of transgenders in the
country and the rate of increase in their
population over the years;
(b) whether the Supreme Court has directed
that transgender persons should be treated as
social and educationally Backward Classes to
extend the benefits of reservation in admission
in educational institutions, for public appoint-
ments, facilities including voter card, passport
and driving license;
(c) if so, the details thereof and the reaction of
the Government thereto;
(d) whether the Government proposed to consider
the views of civil society before formulating
Schemes to bring transgender people into the
mainstream of the society and has also sought
the opinion of the National Commission for
Backward Classes for inclusion of transgenders
in the OBC category and if so, the details thereof;
and
(e) the time by which the Government is likely to
implement the Court`s decision to include
transgender persons in OBC category?
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ANSWER
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MINISTER OF STATE FOR SOCIAL JUSTICE AND EMPOWERMENT
(SHRI VIJAY SAMPLA)
(a) : There is no authentic data regarding
number of transgender persons in the
Country .
(b) & (c) : The Hon’ble 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.
(d) : 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 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.
(e): Since the Ministry has filed an application
in Supreme Court seeking clarification in this
regard, no time frame can be indicated.
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