Has Kerala HC ordered Bar Council to approve two seats for transgender students?
Synopsis
Key Takeaways
- Kerala High Court mandates seat allocation for transgender students.
- Bar Council of India directed to approve the proposal without delay.
- Justice V.G. Arun stresses the need for timely action.
- Transgender rights are being recognized within legal education.
- Significant legal precedents highlighted in the ruling.
Kochi, Oct 24 (NationPress) The Kerala High Court has mandated the Bar Council of India (BCI) to sanction two seats specifically for transgender students in every law college throughout the state.
Justice V.G. Arun issued this interim order while addressing a petition aimed at hastening the decision regarding a proposal that has been pending with the BCI.
The court highlighted that this matter should not linger indefinitely awaiting action from the Council.
During the proceedings, the attorney representing the petitioner informed the court that in a previous session, the BCI had been instructed to set a date for its General Council meeting to deliberate on this issue.
However, the BCI's standing counsel mentioned that the proposal was submitted to the Standing Committee for Legal Education, which concluded that the ultimate decision should rest with the General Council.
The standing counsel further noted that there was no certainty regarding the timing of the next General Council meeting.
Recognizing this delay, Justice Arun stated, “In my opinion, the issue cannot wait endlessly for the General Council of the Bar Council to meet.”
Consequently, the court directed the BCI to approve the request from the Kerala Government, communicated through a letter dated August 6, for the establishment of two seats for transgender students across all law colleges in the state.
The court mandated that this approval should be granted within ten days of receiving a copy of the order.
This directive was issued in response to a petition filed by a transgender woman who was denied admission to the Government Law College, Kozhikode, despite successfully qualifying in the Commissioner for Entrance Examinations' Kerala Law Entrance Examination (KLEE) 2025.
The petitioner also referenced the landmark NALSA v. Union of India ruling and the Transgender Persons (Protection of Rights) Act, 2019 to bolster her argument.