Provide quota to transgender persons: Madras High Court to Tamil Nadu govt

The Madras High Court on Wednesday directed the Tamil Nadu government to initiate steps to grant reservation to transgender persons in local body elections to bring them into the mainstream as a welfare measure while regretting that the social stigma attached to them is yet to be removed.

Justice S M Subramaniam also directed the Cuddalore district Collector to take steps to remove the President and members of Nainarkuppam village panchayat by invoking the Tamil Nadu Panchayats Act, 1994, for passing a resolution seeking the district administration to revoke allotment of land for transgender persons in the village.

N D Mohan, president of the village panchayat, had moved the court alleging that the district administration was not heeding his request and not cancelling the allotment. In the verdict, the judge asked the collector to ensure that the transgender persons are granted free house site patta based on their eligibility and that they are allowed to participate in village festivals, and ceremonies and conduct worship in all religious institutions.

“The government of Tamil Nadu is directed to initiate all appropriate steps to grant reservations to transgender persons in the local body elections as an initial measure to bring transgender persons (into mainstream society,” Justice Subramanian said, adding that this will ensure their “democratic participation.”

In his petition, Mohan had said allotting land to transgender persons close to the village bus stand would be detrimental to the future life of the youngsters and urged the district collector not to grant patta to the transgender persons.

“It is in these law-making forums, where transgender persons can express their views and discuss their rights. More so, Transgender persons have a right to reservation, owing to the fact that “they are socially backward class,” the judge added.

Tamil Nadu is the first state to recognise transgender persons and provide them with monthly assistance, besides free bus travel in town buses. The state government now constituted a committee consisting of members from the LGBTQIA community, which also includes transgender persons, to draft an exclusive policy for their welfare.

Though the State is taking measures to implement welfare measures by bringing in legislations and policies to support the transgender community yet, the message gets lost in the lengthy organisational structure of the executive, the judge regretted.

“The bottom rung of the Executive structure, who are in direct contact with the members of the Transgender community fail to implement these welfare schemes in letter and spirit,” he added.

Contending that members of the Transgender community are often abused by their own family and their voices are not heard, the judge said the very society, which sees them as a bringer of good luck and seeks their blessings, also treats them with contempt.

“It is this contradictory presumption in the society, which is queer. Societal thoughts and certain poorly constructed conventions ought to be blamed for such inhuman mentality and gender based discrimination,” the judge added.

As long as the majoritarian group of the society with select ideals keep stigmatising and ostracising a minority group purely based on gender, this will not only promote unhealthy social living conditions but also hamper the growth of the country, the judge said in the verdict.