Justice SM Subramaniam of the Madras High Court has directed Tamil Nadu Government on 23rd August to provide reservation to transgender persons in local body elections. It also directed the Cuddalore District Collector to remove the Panchayat President and other members of the Nainarkuppam Village for their transphobic letter and resolution against grant of patta land to transgender persons in the village.
“Social evil in any form is unconstitutional and the resolution passed by a Village Panchayat unanimously cannot be taken in a lighter manner,” the court observed. “This very society, which sees them as a bringer of good luck and seeks their blessings, also treat them with contempt. It is this contradictory presumption in the society, which is queer.”
Madras High Court Justice SM Subramaniam also highlighted-
Justice SM Subramaniam also highlighted that transgender persons have a right to reservation and that it is time for the Tamil Nadu government to initiate steps to provide reservation to transgender people in the local body to ensure their inclusion in the mainstream society and for their democratic participation. He also added that change in society could be brought about by giving them an opportunity to speak for themselves by providing them with reservations in the local bodies.
“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 the Transgender persons in the mainstream society,” he said.
The justice questioned how even after 76 years of India’s independence, myriad legislations, speeches, articles, documentations and policies, social injustice has been washed away. The Government of India enacted the Transgender Persons (Protection of Rights) Act, 2019, which bestowed rights and protection to the Transgender community in India.
“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,” the court said. “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 our Great Nation,” they added.
“Each and every human being have their own likes and dislikes, but when it comes to living in a society under the umbrella of togetherness, it is vital to accept the differences within us,” the court said. “Each and every living being is a gift. Gifts may be wrapped in various colours, designs and appearances and these gifts springs up with countless surprises. It is the same with each one of us. The level of mental and social pressures faced by such distinctive community of people can only be understood by an empathetic mind. They have been ostracised by this very society for centuries. This social ostracisation is the anti-thesis of humanity.”
The court’s order is a significant victory for transgender rights in India. It is the first time that a high court in India has ordered the government to provide reservation to transgender persons. The order is likely to have a major impact on the lives of persons in Tamil Nadu, giving them a greater voice in local governance and helping them to overcome the social and economic marginalization that they face.
The court’s order is also a landmark decision for transgender rights in India. It is a sign that the judiciary is taking rights seriously and that it is willing to intervene to protect the rights of persons. The order is likely to encourage other high courts in India to follow suit and to order the government to provide reservation to persons.
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