Transgender reservation comes into effect in law colleges in Kerala

Kozhikode-based Vanaja Collective is relishing the victory of a historic battle as Esai Clara, a transwoman, prepares to join the Government Law College, Kozhikode.

She, with the technical and legal support of Vanaja Collective, had moved the Kerala High Court demanding reservation for transgender persons in law colleges, which recently resulted in the Bar Council of India (BCI) approving the decision of the Government of Kerala, introducing two seats for transgender persons in both the three-year and five-year LLB programmes in colleges in the State.

The battle began when Ms. Clara cleared the Kerala Law Entrance Examination earlier this year, but could not secure a merit seat in any of the law colleges in the State with her rank. “Kerala has a transgender policy in place that gives transgender persons reservation and much more. This is a community that needs that kind of support from the government, considering the lack of it from their families,” said Gargi Harithakam, president of the collective.

The Vanaja Collective first approached the Transgender help cell of the Department of Social Justice, but in vain. Later, they approached Higher Education Minister R. Bindu, who instantly found merit in their proposal and issued a government order introducing two additional seats for LLB reserved for transgender persons in all government law colleges. However, the order was not enough. “We still had to return empty-handed from the law college, despite the government’s approval and a personal call from the Minister herself, as the college authorities could do nothing without the approval of the bar council,” Ms. Gargi said.

Ms. Clara then moved the Kerala High Court with the help of advocate Raghul Sudheesh demanding the State to enforce the Supreme Court’s 2014 judgment that mandated quota for transgender persons in public employment and education sectors. Though the petition is still awaiting clearance, the High Court’s directive of October 24 to the BCI while hearing the petition, was taken into consideration. The BCI approved the government’s decision on November 4. Subsequently, the Office of the Commissioner of Entrance Examinations notified the applicants under transgender category to submit their applications at the respective colleges on November 29.

Vanaja Collective, which defines itself as a feminist organisation working with the historically oppressed sections of society, was founded in 2021 by a group of like-minded individuals, including survivors of various forms of oppression. The executive committee of nine members consists of transgender persons, women, and men. The collective has been supporting the interests of the various oppressed communities, trying to create a political understanding and alliance among them.