Andhra Pradesh HC: 100% Women Reservation scheme in Govt House is Unconstitutional

Reservation Law Insider

Swarna Shukla

Published On: October 11, 2021 at 11:00 IST

The Andhra Pradesh High Court has held that the Government Housing Scheme which allots house sites only to women is Unconstitutional.

Justice M. Satyanarayana Murthy observed while directing the Government to consider the eligibility of men and Transsexuals for allotment of house sites under the Scheme ‘Navaratnalu Pedalandariki Illus.’

The Court stated, “100% reservation in allotment of house sites to women households is against the total concept of equality. Failure to allot house site to Transsexual ignoring them totally would amount to depriving their rights of equality.”

As per Clause 2 of the said scheme, one House Site Patta shall be issued for an extent of 1.5 Cents to an eligible household in the name of the woman beneficiary of the house.

People thereby approached the High Court challenging Clause 2 of the scheme.

On agreeing with the issues raised by the Petitioners, the Court Observed that the scheme directly amounts to depriving eligible men to claim the benefit under the scheme.

It found that the status in the parish of AC.0.01 cents of land for residential purposes and AC.0.01.5 cents in areas of Gram Panchayat for is inadequate and the state must examine the environmental impact on health, sufficiency of drinking water before persons with rights insist on building a house on the property assigned to them.

Click here to read/download the Order

Also Read: What is Reservation in Government Jobs?

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