Navigating reservations for transgender persons under the Indian Constitution

Book section : Chapter

Reservations for transgender and intersex persons has become one of the primary demands on the path to (trans)gender equality. Building on the work done in laying out a case for its implementation in higher education and public employment, this piece seeks to explore four legal issues in implementing reservations. Specifically, we argue (1) that Courts can and should recognise a clear rationale for horizontal transgender reservations; (2) that transgender reservations is a core socio-economic right that courts can enforce without any conditional implementation by the government or legislature; (3) that the category 'transgender' should not become a new orthodoxy and remain contingent and flexible; and (4) that the right to privacy, particularly of trans identity, can and should be prioritised in any reservation schemes.

Authors: Rajamane, M; Swaminathan, V

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Queer Directions
• Host title: Transforming Rights: How Law shapes Transgender Lives, Community and Identity in India
• Chapter number: 3
• Place of publication: Mumbai, India
• Publication date: 2026-01-01
• Edition: 1
• ISBN-10: 9371975717
• ISBN-13: 9789371975711
• Language: English
• Subtype: Chapter