The Rajasthan High Court recently heard arguments concerning a petition challenging the state's decision to classify transgender persons as Other Backward Classes (OBCs) instead of providing them with horizontal reservation. The petition contends that this classification violates the Supreme Court's directions in the National Legal Services Authority v. Union of India (NALSA) case, which mandated the provision of horizontal reservation and special treatment for transgender persons. The petitioner argues that the state's approach could lead to the exclusion of transgender individuals from both transgender-specific and OBC-related benefits, thereby perpetuating inequality.
In its defense, the Rajasthan government, through the Department of Social Justice and Empowerment, asserted that the formulation of reservation policies falls within the executive and legislative domain. The government contended that the petitioner failed to provide empirical data demonstrating that horizontal reservation would be beneficial for transgender persons in terms of their proportionate representation. Furthermore, the state argued that the compliance with the Supreme Court's directions is subject to the Court's own judgment, as contempt petitions regarding the same are pending before it. Therefore, the government maintains that it is not appropriate for the High Court to intervene in this matter.
The High Court has scheduled the next hearing for October 15, 2025, to further deliberate on the issue.
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