Kolkata:

The Calcutta High Court has directed the West Bengal government to ensure one per cent reservation for transgender persons in all public employment in the state.

Noting that the state government adopted a policy of equal treatment in employment to transgenders, the court said the reservation has, however, not yet been made for them.

Justice Rajasekhar Mantha directed the chief secretary of the West Bengal government to ensure one per cent reservation for transgenders in all public employment.

The high court order was passed on a petition by a transgender person, who succeeded in the Teachers’ Eligibility Test (TET) 2014 and also in the TET 2022, but was not called for counseling or interview.

In the order passed on Friday, Justice Mantha noted that the Supreme Court had declared in a 2014 case that ‘hijras’ and eunuchs, apart from binary genders, be treated as “third gender” for the purpose of safeguarding their rights under Part III of the Constitution.

The supreme court had also upheld transgender persons’ right to decide their self-identified gender, and directed the Centre and state governments to grant legal recognition of their gender identity such as male, female or as third gender.

Justice Mantha also noted that the top court had directed 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”.

The West Bengal chief secretary had informed the high court that the state’s Department of Women and Child Development and Social Welfare on November 30, 2022, made a notification that transgender persons were entitled to equal opportunity of employment without any discrimination whatsoever.

The court said it is clear from the notification that the state itself had adopted a policy of equal treatment in employment to transgender persons.

Justice Mantha said the reservation has, however, not yet been made in the state for transgender persons in accordance with the Supreme Court order.

He also directed the secretary of the West Bengal Board of Primary Education to arrange for interview and counseling of the petitioner as a special case.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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| Photo Credit: Reuters

Iraq’s parliament passed a bill on April 27 criminalising same-sex relations, which will receive a sentence of up to 15 years in prison, in a move rights groups condemned as an “attack on human rights”.

Transgender people will be sentenced to three years’ jail under the amendments to a 1988 anti-prostitution law, which were adopted during a session attended by 170 out of 329 lawmakers.

A previous draft had proposed capital punishment for same-sex relations, in what campaigners had called a “dangerous” escalation.

The new amendments enable courts to sentence people engaging in same-sex relations to between 10 to 15 years in prison, according to the document seen by AFP, in the country where gay and transgender people already face frequent attacks and discrimination.

They also set a minimum seven-year prison term for “promoting” same-sex relations and a sentence ranging from one to three years for men who “intentionally” act like women.

The amended law makes “biological sex change based on personal desire and inclination” a crime and punishes transgender people and doctors who perform gender-affirming surgery with up to three years in prison.

Homosexuality is taboo in Iraq’s conservative society, however there had not previously been a law that explicitly punished same-sex relations.

Members of Iraq’s LGBTQ community have been prosecuted for sodomy or under vague morality and anti-prostitution clauses in Iraq’s penal code.

“Iraq has effectively codified in law the discrimination and violence members of the LGBTI community have been subjected to with absolute impunity for years,” said Amnesty International’s Iraq researcher Razaw Salihy.

“The amendments concerning LGBTI rights are a violation of fundamental human rights and put at risk Iraqis whose lives are already hounded daily,” Ms. Salihy added.

The amendments also ban organisations that “promote” homosexuality and punish “wife swapping” with a prison sentence of 10 to 15 years.

“The law serves as a preventive measure to protect society from such acts,” lawmaker Raed al-Maliki, who advanced the amendments, told AFP.

He said passing the new amendment was postponed until after Iraqi Prime Minister Mohamed Shia al-Sudani’s visit to the United States earlier this month.

The United States and the European Union oppose the law and “we didn’t want to impact the visit,” he said.

“It is an internal matter and we do not accept any interference in Iraqi affairs.”

The US State Department is “deeply concerned” about the legislation, spokesman Matt Miller said Saturday, adding that the law threatens those most at risk in Iraqi society and “undermines the government’s political and economic reform efforts.”

LGBTQ Iraqis have been forced into the shadows, often targeted with “kidnappings, rapes, torture and murders” that go unpunished, according to a 2022 report by Human Rights Watch and the IraQueer non-governmental organisation.

Iraqi politicians and social media users have increasingly resorted to anti-LGBTQ rhetoric, which stokes further fear among members of the community.

Human Rights Watch’s Iraq researcher Sarah Sanbar said the new law change “is a horrific development and an attack on human rights”.

“Rather than focusing on enacting laws that would benefit Iraqis — like passing the draft domestic violence law or draft child protection law — Iraq is choosing to codify discrimination against LGBT people,” she said.