In a significant step towards promoting equality and inclusion in the education sector, the Haryana Human Rights Commission (HHRC) has issued a landmark order, supporting a transgender educator’s effort to get his school recognised.
According to an official statement, the HHRC issued a landmark order in favour of a transgender person and founder of a school in Karnal which was established to provide education to underprivileged children.
The transgender person had filed a grievance regarding the non-recognition of the school, citing land-related regulations as the main obstacle.
The school, founded in the year 2014-15, occupies an area of 800 square metres, while the revised rules mandate a minimum of 1,500 square metres for recognition.
HHRC Chairperson Justice Lalit Batra, along with members Kuldip Jain and Deep Bhatia, in their detailed order dated April 2, emphasised the provisions of the Transgender Persons (Protection of Rights) Act, 2019 and Article 14 of the Indian Constitution which guarantee equality and dignity to every citizen.
The Commission has called for a sympathetic and inclusive review of the school’s recognition status.
In its order, the Commission observed that denying recognition solely on the basis of land norms contradicts the spirit of the Transgender Rights Act, 2019.
According to various provisions of the Act, the state government is obligated to ensure access to education, self-employment opportunities and non-discriminatory treatment for transgender persons.
The order references the landmark NALSA v. Union of India (2014) Supreme Court verdict and the 2023 advisory of the National Human Rights Commission which stress the need to provide equal opportunities to transgender individuals.
The Commission lauded the complainant’s efforts to serve the marginalised and urged the government to adopt a practical and inclusive approach.
Section 14 of the Act, 2019, explicitly acknowledges the rights of transgender persons to access opportunities for self-employment and it is obligatory on the part of the “appropriate Government” to formulate welfare schemes and programmes that facilitate and support livelihood for transgender persons, including avenues for self-employment, according to the order.
The inclusion of the term “self-employment” under this section mandates the “appropriate Government” to design schemes and policies that enable economic independence for transgender persons.
Therefore, in the light of these provisions, it can be asserted that the “appropriate Government” bears both the responsibility and authority to implement welfare measures aimed at promoting self-employment for transgender persons, the order reads.
Section 22 of the Act, 2019, explicitly empowers the “appropriate Government” to frame rules and implement welfare schemes specially aimed at the social, economic and educational upliftment of transgender persons.
In light of this provision, it falls within the domain of “appropriate Government” to incorporate specific welfare schemes by extending relaxations for transgender persons under the Haryana School Education Rules, 2003, as amended on April 16, 2021.
Considering the purpose of welfare and inclusion, the “appropriate Government”, that is the Government of Haryana, can justifiably introduce exceptions or relaxations in the Rules to facilitate improved educational and self-employment opportunities for transgender persons, according to the order.
“The Directorate of Elementary Education, an establishment of the Government of Haryana, ought to adopt a pragmatic approach, recognising the genuine effort made to uplift marginalised communities, rather than strictly adhering to land norms that may inadvertently hinder such progressive initiatives.
Such an approach would not only align with the spirit of the Act of 2019 but also uphold the constitutional mandate of equality and non-discrimination. Recognising the complainant’s school would be a step towards justice and an affirmation of the State’s commitment to foster an inclusive and equitable society,” according to the Commission’s order.
Puneet Arora, Officer of Protocol, Information and Public Relations at HHRC, on Thursday said the Additional Chief Secretary, School Education; and the Director of Elementary Education have been directed to appear in person and submit a detailed report on the matter during the next hearing on May 2.
This order not only affirms the rights of the transgender community but also marks a significant step toward building an inclusive and equitable society in Haryana, the statement said.
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