In the case of National Legal Service Authority vs Union of India and others[i], The Supreme Court of India has said that We direct the Centre and the State Governments to take steps to treat them as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.

According to Section 9 of The Transgender Persons (Protection of Rights) Act, 2019 which is read as Non-discrimination in employment. - No establishment shall discriminate against any transgender person in any matter relating to employment including, but not limited to, recruitment, promotion and other related issues[ii]. In reference with this section, there should not be any discrimination towards the transgender person in the recruitment in Police department.

Madras High Court in case of K. Prithika Yashini Vs. The Chairman, Tamil Nadu Uniformed Services Recruitment Board[iii] has given a decision on November 3, 2015 in which it allowed a transgender person to be recruited as a Police Sub Inspector. K. Prithika Yashini is now a sub-inspector in Dharmapuri district in Tamil Nadu on and is posted in the law-and-order wing. She has also got an award from Behindwoods 2019 as Icon of Inspiration for being the 1st third gender police officer.

Recently, In March 2022, State Government of Bihar decided that transgenders will be appointed as Constables and Sub Inspectors in the Police Department of Bihar. The notification was issued by The General Administration department and it said that a transgender will be appointed for every 500 posts of Constables and Sub Inspectors. Currently there are 13 transgender cops in Chhattisgarh state and are appointed as constables.

In December 2021, Karnataka State Police Department had called applications for transgender persons for recruitment. Similarly, Kerala State is also planning for the recruitment of transgenders in Police Department.

End-Notes:

1. Writ Petition (Civil) No.604 OF 2013
2. The Transgender Persons (Protection of Rights) Act, 2019, Section 9.
3. Writ Petition No.15046 OF 2015

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