Should Odisha Include a Third Gender Option in Job Applications?
Synopsis
Key Takeaways
Bhubaneswar, Jan 28 (NationPress) In a landmark decision, the Odisha Human Rights Commission (OHRC) has urged the state administration to incorporate “Third Gender/Transgender” as a recognized gender option in government job applications.
Furthermore, it has advocated for a minimum of 1 percent horizontal reservation for transgender individuals and has instructed all recruitment bodies, including the Odisha Public Service Commission (OPSC), to enforce this mandate.
This recommendation arose during the hearing of a petition submitted by Sony Sil, a transgender individual from Cuttack, on January 22.
Sil's complaint highlighted discrimination and infringement of fundamental rights due to the absence of the “Third Gender/Transgender” category in the application forms for the upcoming Odisha Combined Civil Services examination managed by the OPSC.
The complaint stated that the exclusion of the 'Third Gender/Transgender' option in the online application form hinders individuals like the complainant from applying and participating in the examination on equal terms, thereby constituting discriminatory treatment that violates their rights to equality and non-discrimination,” according to the OHRC's order.
Additionally, the complainant pointed out that the omission of the third gender option contradicts the provisions outlined in the Transgender Persons (Protection of Rights) Act, 2019 and infringes various sections of the Transgender Persons (Protection of Rights) Rules, 2020.
The OHRC's order also includes a request to the government to ensure the inclusion of the ‘Third Gender/Transgender’ option in all OPSC recruitment forms and online portals, and to develop a clear inclusive recruitment policy for transgender individuals along with affirmative measures such as a reservation policy in public employment, thereby facilitating equal access to government jobs for transgender persons.
Given the urgency of the situation amidst ongoing recruitment processes, the Commission has recommended that the state General Administration (GA) Department and the Social Security and Empowerment of Persons with Disabilities Department integrate “Third Gender/Transgender” as a gender option in government job applications.
Moreover, it has suggested that the government allocate at least 1 percent horizontal reservation for transgender applicants, instructing all recruitment boards and authorities, including the OPSC, to put this into effect.
As this complaint pertains to the imminent State Civil Services examinations for which applications have already been solicited, the OHRC has urged the GA Department to expedite the matter by asking the OPSC to incorporate ‘Third Gender/Transgender’ as a gender option and to extend the application deadline by at least 15 days for these candidates.
The Government of Odisha, through the Social Security and Empowerment of Persons with Disabilities Department, is directed to ensure that this recommendation is implemented across all state government departments and corporations.
The OHRC has mandated that authorities submit a compliance report to the Commission within 60 days.