Denial of school recognition: Take steps to secure participation of transgenders in society, HHRC tells govt

Citing the Transgender Persons (Protection of Rights) Act, 2029, while hearing a case of denial of recognition to a school run by a transgender, the Haryana Human Rights Commission (HHRC) observed that the state must take steps to secure full and effective participation of transgender persons and their inclusion in society.

The HHRC made these observations during a hearing on April 2 on a complaint filed by Aditi Sharma, a transgender from Karnal, with a pending recognition for the school by the education department.

The commission while seeking a report by May 2, said that the government can introduce exceptions in the rules to facilitate improved educations and self-employment opportunities for transgender persons.

During a previous hearing in January, the HHRC Commission chairperson, justice (retd) Lalit Batra requisitioned a report on the matter from the director general of elementary education department by February 25.

According to the fresh order made available on Thursday, the department in its reply on February 17 told the Commission that despite advice to apply for the school recognition through a designated online portal, the applicant failed to do so.

“Infact, the report points out issues related to the infrastructure including poor road condition, inadequate sanitation and insufficient drinking water arrangements... Additionally, for schools operating before 2007, the govt has provided land regulation exemptions,” the order states.

Taking reference from the Act, the Commission said that “no transgender person shall be subjected to discrimination by any establishment, govt or private.”

“...create obligations and establishments to take steps to secure full and effective participation of transgender persons and their inclusion in the society... further formulate welfare schemes and programmes which are transgender-sensitive, non-stigmatizing and non-discriminatory,” the order read.

For the case, the Commission said that the Haryana government amended the Haryana School Education Rules, 2003, by specifying the revised land requirements for schools based on their location and level.

“As per the amended rules, land criterion for establishment of primary school in urban or controlled area is 1,500 square meters. Here, the complainant submitted that ‘Haryana Public School’ was established in 2014-15 over an area of 800 sq meters and in view of the above, sought relaxation in the rules. The school primarily aimed at providing educational opportunities to the underprivileged while promoting socio-economic inclusion of transgenders,” it added.

While seeking a report from additional chief secretary, School Education, the HHRC also observed that the department should adopt a pragmatic approach, recognizing the effort made to uplift marginalised communities, rather than strictly adhering to land norms that may hinder progressive initiatives.

Such an approach, it said, would not align with the spirit of the Act, but also uphold the constitutional mandate of equality and non-discrimination.

The recognition to the school would be a step towards justice and an affirmation of the state’s commitment to foster an inclusive and equitable justice, the Commission observed.