"State Fully Empowered To Draw Its Own Policy": MAT Frowns At Maha Govt For Resisting Transgender Entry In Police Department
Live LawThe Maharashtra Administrative Tribunal on Friday frowned at the State Government's resistance to add the option of "other gender" to the application form for enrolment of transgenders in the state police department. Even as the Maharashtra Government cited administrative difficulties and the need for a policy from the Central Government first, MAT Chairperson Justice Mridula Bhatkar was of the opinion that the State was "fully empowered to draw its own policy and take decisions in such matters." Justice Bhatkar acknowledged the State's right to appeal but also reproduced sections of the NALSA judgement in which directions were given independently to the Central Government as well as the State Government. Moreover, 'Police' is a subject in the State List of the Constitution of India, and thus, the State Government is fully empowered to draw its own policy and take decisions in such matters.