Dear All, READ HIGHLIGHTED PORTION WITH LOTS OF ATTENTION:
I attach the petition filed by the GoI in the SC for Clarification/Modification of the Nalsa-v-UOI decision. I have done a quick read (Its not long) and frankly, I am surprised, because it is actually a fabulous petition and I think we should support it. It says nothing that militates against what we hold dear or understand as things should be. The only point where I think we need to intervene is to ask the court to mention that the directions of the court be taken as direction on GoI and NCBC to act outright rather than "Follow Established Procedures" for inclusion as OBC of transpersons, as the GoI seems to be asking for, because it would mean another 25 years of government processes and sanctions (and our own agitations on the streets) before they get around to actually doing it. I agree that SC/SC Transpersons should benefit from the SC/ST quota and not from the OBC quota as is being asked by the GoI, since the sheer benefit of SC/ST quota is more than the OBC quota. (I.e.. I am cool with that). And although personally I would have liked to go with the ambiguity created by conflating LGB with T as was done in the judgment, I feel it is only fair that that ambiguity be cleared and that the ratio of the judgment be applied to their intended beneficiaries, namely Transpersons...(I.e. I am cool with this too...even if you decide I am an enemy of the queer state). Finally, I actually loved the definition that they give to trans (VERY INCLUSIVE) and covers both M2F and F2M + the fact that they are totally not basing anything on medicalisation (No surgery required, and stated so in so many words)... Hey I don't like the BJP/RSS and their affiliates...but on this I think the government hit it on the ball and really really got it right... I have said my two bits...other opinions are welcome and eagerly awaited.. Love to all. Aditya Bondyopadhyay
