Haryana Human Rights Commission (HHRC) makes a historic ruling
In a landmark victory for transgender rights and inclusive education, the Haryana Human Rights Commission (HHRC) has made a historic ruling in support of a plea by a transgender teacher to obtain official approval for a school established in Karnal. The directive is being hailed as a landmark move towards ensuring equality and inclusivity in India’s education system.
A Marginalized School
The school, founded in 2014–15 by a trans person, was founded with the aim of educating poor and marginalized children from the Karnal district. With its philanthropic purpose and continuing existence, the institution ran into a roadblock in obtaining formal recognition from the Haryana state government due to technical non-compliance with land rules under the Haryana School Education Rules.
Under new regulations, a school is required to occupy a minimum of 1,500 square meters of land before accreditation is granted. Yet, the complainant institution occupies only 800 square meters. This procedural point was the major ground for refusal of recognition, prompting the founder to pursue remedies at the HHRC.
Commission Invokes Constitutional and Statutory Rights
In its careful order dated April 2, the Commission — led by Chairperson Justice Lalit Batra and comprising Members Kuldip Jain and Deep Bhatia — lingered over the constitutional guarantee of dignity and equality under Article 14. They also made a broad reference to the Transgender Persons (Protection of Rights) Act, 2019, and discussed the state’s duty to provide freedom from discrimination and empowerment of transgender individuals.
The HHRC argued that denial of recognition solely on the grounds of land norms, without attention to context and purpose of institution, is against the spirit of both the Constitution and the 2019 Act. The Commission also referred to the landmark 2014 Supreme Court judgment in NALSA v. Union of India, which declared the rights of transgenders to equal treatment.
State’s Role in Welfare and Inclusion
The order clarified Subsections 14 and 22 of the Transgender Persons Act that command the state to provide access to self-employment, education, and to formulate welfare schemes for the transgender. It was laid down that the Haryana government, being the “appropriate Government,” is under an obligation and authority to make relaxations or exemptions in regulatory provisions to facilitate ventures by or for the benefit of transgender persons.
The Directorate of Elementary Education must adopt a realistic approach, recognizing the good faith effort taken to enhance the levels of marginalized groups, rather than adhering rigidly to land norms,” the Commission observed.
Call for Action and Future Hearing
The order of HHRC directed the Additional Chief Secretary School Education and Director Elementary Education to personally attend and submit a detailed report in the subsequent hearing on the date of May 2. The Commission also lauded the complainant’s commitment towards social service, describing the school as an example of grassroot work and perseverance.
Puneet Arora, Protocol Officer of Information and Public Relations, HHRC, confirmed the date of hearing and reiterated the stand of the Commission for justice and equality.
A Step Towards Inclusive Society
This order not only corrects a specific grievance but sets a precedent for understanding rules with sensitivity and compassion. It is an indicator of a broader movement toward institutional reform and recognition of the unique challenges faced by the transgender population in India.
By placing the focus on the purpose of education welfare and social inclusion ahead of strict controls on regulation, the HHRC has established a model for policy reforms to emulate nationwide.
Giving recognition to the Karnal school, if granted, would be a firm assertion that India’s constitutional values and legislative mechanisms are being strongly enforced in practice — and not just in theory.
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