DEIB India Updates - November '25 Edition

Discover key legal insights and societal inclusion steps in DEI India Updates November 2025 Edition.

1. Karnataka High Court Pushes State Accountability on Transgender Reservation in Law Admissions

   
   

   The Karnataka High Court has impleaded the State Ministry of Women and Child Development and the Law Department in an appeal filed by the National Law School of India University challenging a direction to provide 0.5 percent reservation for transgender persons in admissions. Observing that the issue could not be addressed without State accountability, the Court sought clarity on whether financial aid or admission could be extended to the petitioner in any Karnataka law college. While NLSIU argued that reservation policy must await further State guidance and a Supreme Court-appointed committee, the Bench expressed concern over the continued absence of educational reservation despite the 2014 NALSA judgment recognising transgender persons’ entitlement to reservation.
   

2. Kerala High Court Hears Transgender Woman’s Claim to Contest Women-Reserved Panchayat Seat

   
   

   A transgender woman has approached the Kerala High Court seeking recognition of her right to contest local body elections from a seat reserved for women. Congress candidate Amaya Prasad moved the Court after her nomination for the Pothenkode Division in the Jilla Panchayat elections was flagged for rejection due to the absence of an express provision allowing transgender women to contest women-reserved seats. Issuing notice to the State Election Commission, the Court will examine whether such exclusion violates constitutional guarantees of equality, non-discrimination, and dignity. Prasad, who has been legally recognised as female under the Transgender Persons Act, relied on judicial precedent affirming transgender women’s eligibility for women-reserved constituencies. The case highlights persistent gaps in electoral frameworks affecting transgender political participation.

   
   

3. Supreme Court to Examine Demand for Women’s Reservation in State Bar Council Elections

   
   

   The Supreme Court is set to hear a plea seeking meaningful representation of women in upcoming State Bar Council elections across the country. A Bench led by Chief Justice Surya Kant issued notice on an interlocutory application filed by advocate Yogamaya, urging the Court to ensure gender-equitable representation before elections proceed in five phases between January and April 2026. The plea argues that the principle of proportional representation under the Advocates Act, 1961 must be interpreted to correct the persistent gender imbalance in Bar Councils. Seeking measures such as reservation, minimum representation thresholds, or other affirmative safeguards, the petition highlights systemic exclusion of women from professional self-governance bodies and calls for constitutionally compliant reforms ahead of the 2026 election cycle.

   
   

4. Supreme Court Seeks Centre’s Response on SCBA Plea Against Menstrual Shaming at Workplaces

   
   

   The Supreme Court has sought responses from the Union government and the State of Haryana on a plea filed by the Supreme Court Bar Association seeking nationwide guidelines to protect menstrual dignity in workplaces and educational institutions. The petition follows reports that women sanitation workers at a Haryana university were allegedly asked to provide photographs of used sanitary pads to justify menstrual leave. A Bench of Justices BV Nagarathna and R Mahadevan observed that the incident reflected deep-rooted societal bias and violations of dignity, privacy, and bodily autonomy under Article 21. While disciplinary action has reportedly been initiated at the university, the Court underscored the need for systemic safeguards and welcomed the SCBA’s initiative to address menstrual shaming through national-level guidelines.

   
   

5. Kerala High Court Declines Transgender NCC Admission Plea, Urges Centre to Revisit Policy

   
   

   The Kerala High Court has dismissed a plea by a transgender student seeking admission to the National Cadet Corps, holding that the NCC Act, 1948 currently permits enrollment only of male and female cadets. While upholding the rejection of the petitioner’s application, the Court acknowledged that transgender persons should ideally have equal access to national youth institutions. Justice N. Nagaresh observed that the absence of statutory provisions for transgender cadets prevented judicial intervention, but emphasised that permanent exclusion was undesirable. Noting that inclusion would require policy deliberation and legislative change, the Court directed that its judgment be forwarded to the Ministries of Defence and Law and Justice. The decision highlights the gap between constitutional equality principles and outdated statutory frameworks governing public institutions.

   
   

6. Supreme Court Urges Bar Council to Examine Reservation for Lawyers with Disabilities

   
   

   The Supreme Court has urged the Bar Council of India to consider providing reservation in Bar Councils and Bar Associations for lawyers with disabilities, while declining to issue a mandatory direction. A Bench of Justices Surya Kant, Ujjal Bhuyan and Joymalya Bagchi held that implementing disability-based reservation in Bar bodies is a policy matter best examined by the BCI. The Court noted that it could not interfere at the present stage, particularly as State Bar Council elections in Uttar Pradesh had already been notified. However, it recognised the constitutional importance of inclusive professional governance and directed the BCI to consider the petitioner’s demand in light of existing legislative policies and equality principles. The plea underscores continuing barriers for persons with disabilities in professional self-regulatory institutions.