Know How 2 Transwomen's Legal Battle Led To Maharashtra Allowing Third Gender For Police Constable Posts

The Maharashtra government on December 9 informed the Bombay High Court that people from the transgender community could soon apply for police constable posts. Rules and standards for their physical tests would be accordingly framed by the state by February 2023. The government's response comes a day after the High Court questioned the state for falling behind in permitting transgender people to participate in the recruitment process.

All of this was a chain reaction that was started by two aspirants who could not apply for the police constable posts due to the lack of an option that identifies their orientation rightly. Their fight to be identified for police roles has woke the Maharashtra state from a deep slumber of dereliction.

Third Option For Those Beyond Binaries

34-year-old Nikita Mukhyadal was a guard at the Pimpri-Chinchwad civic commissioner Rajesh Patil's office, who moved the court to be recruited as a police constable. The fight for recognition within services is not an isolated incident faced by Mukhyadal. This was noted when Satara's 22-year-old NGO worker Arya Pujari also moved the court with a similar plea. They tried their hand at applying for the post of a police constable on the Maharashtra Public Service Commission's website, but much to their dismay, it only had columns for two genders - male or female.

Staying true to their aspirations, both transwomen approached the Maharashtra Administrative Tribunal (MAT) with a plea to include the third option. On November 14, their pleas were heard, and the MAT directed the state government to create the transgender option in the application form for all recruitments under the home department. The tribunal also asked the state to fix criteria for physical standards and tests for transgender people. However, the state challenged both the cases and MAT's order, after which the case was taken to the high court for further hearing.

High Court Ruling

The state's petition against the tribunal order was placed on a division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja. Reprimanding the government for delaying the provisions for transgender people, the HC said that the two transgender people could submit their applications for the post offline. However, they stayed part of the tribunal's order which directed the government to create provisions for transgenders to apply in "all posts under the home department." Stating that the tribunal had gone beyond its jurisdiction while passing such a directive, they struck off the portion and asked the government to ensure corrections were made within the police posts.

In the detailed order, the HC also specified that the state should proceed with the necessary physical examinations of all the students within the next two months, including that of Arya Pujari and Nikita Mukhyadal. According to a report by NDTV, the state has been told that by the time the physical examinations wrap up, they should also have formulated rules for the induction of transgender people.

Agreeing to do the needful by setting up a committee at the earliest, Advocate General Ashutosh Kumbhakoni communicated on behalf of the state that the government would modify its online website to include a third option for the transgenders in the online application form. Candidates applying to this option would be considered for the two posts for police constables that are reserved for transgenders.

Additionally, Kumbhakoni stated that "The last date to submit the forms for everyone is extended till December 15. By December 13, the third drop-down would be added." All rules for the physical tests will be formulated and framed accordingly by February 28, 2023. The written examinations will be conducted only once all these rules are set in place.

Also Read: Towards Inclusivity! Maharashtra To Reserve A Police Sub-Inspector Post For Transgender Community