Why quota in jobs for transgender persons in Karnataka is proving counterproductive

Shivani Madivalappa Naykodi from Karnataka’s Bijapur district is pursuing her graduation and works as a farm labourer to support her family. The 28-year-old is desperately looking for a job to earn a decent living. But for Naykodi, who is a transgender woman, the hunt for a job is nothing less than a nightmare.

In July, Naykodi underwent a harrowing experience when she was made to compete with cisgender men in the physical test conducted for the selection of police constables by the Karnataka government. She said she failed the test where the job aspirants had to participate in a 1,600-metre race, long jump, high jump and shot put.

“Of course, I failed the test. How could I compete with cisgender males? I don’t have male hormones. I underwent gender affirmation surgery a few years back. I also underwent hormone replacement therapy.

“All my hard work and preparation for the job went in vain. I was positive about getting the job after I cleared the written test. The treatment meted out to me during the physical test has left me distraught,” she added.

Reservation remains only on paper?

Naykodi was not alone. At least nine transgender persons (including Naykodi) cleared the written test for the police constable jobs. All of them failed the physical test. They alleged that they were all pitted against cisgender men and were forced to participate in gruelling physical activities which were discriminatory and violated their gender identity.

In 2021, Karnataka created “history” by becoming the first state in the country to provide 1 (one) per cent reservation for transgender persons in all government services. Three years later, the employment scenario for the marginalised community has not changed. Rather it has once again exposed the worst form of societal and institutional bigotry faced by a transgender person to earn a livelihood.

The nine job aspirants want the government to reconduct their physical test as per their gender identity in an inclusive and dignified environment.

"It is wrong to include transgender persons in the cisgender category for physical examination. This shows the failure of the police department to understand the transgender community. The government should immediately hold a dialogue with the gender minority community and formulate gender minority sensitive police recruitment policies," said senior advocate BT Venkatesh.

The community demands changes in recruitment policies

Members of the Movement for Gender and Sexual Pluralism, a pan-Karnataka campaign to protect the rights of sexual minorities, demanded that the government provide adequate training to the transgender job aspirants before any recruitment drive to create a level-playing field for all the candidates.

The campaign members also want the age limit for transgender candidates to be increased by at least five years in government jobs (which is currently 30 years). Activists say "job reservation" won't change the economic and social status of transgender people if there is a lack of awareness and understanding among government authorities about rights, laws and issues about the marginalised community.

The government bodies before announcing any recruitment drive also need to come up with a proper agenda about how the exams are to be conducted so that it does not discriminate against transgender people.

A life of fewer opportunities and many struggles

"Our lives can't be compared with the cisgender people. Often, the education of transgender people gets discontinued during high school or college days when they start claiming their gender identity. Once they assert their identity they are abandoned by their families and society.

"This automatically pushes them into poverty at a young age. Those who were already from economically poor backgrounds their situation turn horrible. Their education gets stalled as they struggle to earn their livelihood. A few lucky ones get a second chance to resume their education after several years. Thus age relaxation is a must for transgender candidates in jobs," said Ridhi Shetty, 27, from Mangaluru.

Shetty too had appeared for the police constable job but could not clear the physical test. Shetty herself is an engineering dropout. She had dropped out in her third year of college. "I could not finish my engineering degree because of financial issues. I was also suffering from depression," added Shetty, who wears a mask in public spaces to avoid being identified.

The 27-year-old fainted during the physical test and an ambulance had to be called to take her to a hospital.

No more tokenism

In Karnataka, there are an estimated 1,00,000 transgender people. However, less than one per cent have jobs in government offices or private companies. Activists say the Karnataka government’s job reservation for the transgender community is nothing less than a “lip service”.

"Before conducting the tests, the government should have provided adequate training and support systems for the job aspirants as it does for the scheduled caste and scheduled tribe candidates," said Manohar Elavarthi, founder and adviser of Sangama, an NGO. Sangama works with the transgender community, sexual minorities and sex workers in Karnataka.

The NGO had tried to conduct physical training sessions for the candidates before the test. However, it could not do so because of financial issues. "We went to several places like schools and colleges where they have their playgrounds. Unfortunately, they all asked for a huge fee and we could not afford to pay them," rued Elavarthi, who has been fighting for the rights of gender and sexual minorities for the last three decades.

“The whole job interview further perpetuates age-old bias and stigma against the community," said transgender rights activist Nisha Gulur. "This shows the officials don’t care about the empowerment of transgender people by providing them employment opportunities,” added Gulur, who is a transgender woman.

How a progressive legislation failed at the implementation level

The 2021 Karnataka government announcement of horizontal job reservations for transgender persons was hailed as "a progressive step and a game-changer" for the marginalised community across the country. The community members were hopeful that employment opportunities would change their economic and social standing.

Now, they are a dejected lot. In three years, less than 10 transgender persons got jobs as teachers in government schools and panchayat offices. It took years of struggle before the southern state finally relented to open doors for transgender people. It was in response to a petition filed by Sangama and an individual at the Karnataka High Court for not providing opportunities for the marginalised community.

The lack of job opportunities, skill development and education for the community is against the Supreme Court’s 2014 National Legal Services Authority (NALSA) verdict which guarantees reservation in jobs for the sexual minority. Stigma, poverty and lack of education are impediments to their employment opportunities

"Women and Child Development Department, the nodal agency for gender minorities in Karnataka, should provide coaching-training to the gender minority candidates who failed the police constable physical examination and give them one more opportunity for appearing in the examination," said Vaishali N Byali, co-chairperson of the Movement for Gender and Sexual Pluralism.

"During my physical test on July 8, 2024, in Kolar, I was made to run and participate in the long jump competition with cisgender men. I underwent sex reassignment surgery two years ago. My body is not a male body. How can I compete with cisgender men? Making me compete with cisgender men is unfair and insulting to my gender identity," added Mallika K of Kolar.

Twenty-five-year-old Mallika is pursuing her graduation and also working with a non-governmental organisation.

Shetty has been taking care of her mother since her father died several years ago. "Because of my identity, my extended family has abandoned us. My mother supports me. When our father was alive, we had a good life. He was running a family business in Mysuru. After he died, we did not get any share in the property and were asked to leave our home. That is why, my mother and I have shifted to Mangaluru. I do sex work to earn my livelihood," she said.

Shetty added that she wants a "dignified job". "I want to be a part of the mainstream society and that can happen when I get a decent job."