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- How can you confirm if a person is gay, lesbian, bisexual or queer/questioning? What if people lie about it and get a government job on that basis? Did the Congress mean trans persons and intersex persons, or the LGBTQIA+ community as a whole?
- Even assuming only trans and intersex persons are meant, does the Constitution permit it? I believe the Karnataka HC has suggested that the answer is YES and asked NLSIU to consider it in the context of student reservation, but is that enough?
https://www.reddit.com/r/atheismindia/comments/1gnyoee/mva_manifesto_on_lgbtqia_rights/?rdt=42153
There is no comparable history or evidence of exclusion of gay lesbian and bisexual people from universities, schools, and jobs. If there are individual instances of harassment or discrimination based on sexual orientation then one can still sue that company in civil court. I would support a non discrimination law- but not a reservation one because of the lack of evidence.
hijras and kinnars and all the rest in indian parlance are also not excluded by society. The history is pretty clear, you can look up any article written before 2015 and youll see it. These are pseudo-religious communities/ cults that self-exclude and perform castrations on themselves and other children or destitute men as a religious practice. That they have jumped on the gender identity bandwagon and sought to rewrite their history for paltry benefit indicates that they have beens severely misled.
If they stop self-excluding and stop prostitution and beggary and make good choices there is no reason they cannot find decent employment. At the very least any demand for reservation must come after a census that counts these communities and we know how many of them there are, what jobs they get or do not get, and how far they get in school. Activist judges or overeager political parties should not do it without pushing for basic facts.
Intersex people are not excluded from education or employment. Many intersex people do not even know they are intersex until well past the age of puberty.I havent heard of any employer anywhere that requires you to undergo chromosomal karyotyping or blood tests on the basis of which they would exclude you anyway.
This is all much ado about nothing. If the congress party keeps pushing this nonsense instead of focussing on class, on workers and farmers, then the congress party will alienate the common man entirely.