
The Haryana Human Rights Commission has recently granted official recognition to a transgender school in Karnal district, marking a significant milestone for the transgender community in the state. The school, which has been operational since 2014-15, had been denied recognition until now due to land requirement regulations.
The school currently operates on an 800 square meter plot, which falls short of the mandatory 1,500 square meters required for official school recognition under new regulations. This technicality had prevented the school from receiving formal status despite its years of service to the community.
The matter came to light when a petition was filed on behalf of the school, arguing that the land shortage shouldn't prevent an institution that serves vulnerable children from receiving recognition. The petition highlighted that the school provides essential educational services to transgender children who often face discrimination in mainstream educational institutions.
Justice Lalit Batra, Chairperson of the Haryana Human Rights Commission, along with other members, delivered the judgment in favor of the school. In their ruling, they cited Article 14 of the Constitution, which guarantees equality to all citizens, as well as the Transgender Persons Act of 2019, which specifically prohibits discrimination against transgender persons in education and employment.
"The Commission has directed the government to view this matter with sensitivity and compassion," a source familiar with the case said. "The rights and opportunities of the transgender community cannot be compromised due to technical regulations about land size."
The Commission's order also referenced the Supreme Court's landmark 2014 decision in the NALSA (National Legal Services Authority) versus Union of India case, as well as recommendations made by the National Human Rights Commission in 2023. Both emphasized the importance of ensuring equal rights for the transgender community. "Denying recognition solely on the basis of land shortage is not justified," the Commission stated in clear terms, instructing the government to provide equal educational and employment opportunities to the transgender community.
This decision demonstrates progressive approach towards transgender rights and education. This will make education more accessible to transgender who face societal barriers to traditional schooling.