The Madras High Court has asked Tamil Nadu Government to provide reservation to Transgender persons in the local body election. It also issued a directive to the Cuddalore District Collector, compelling them to take action against the President and members of the Nainarkuppam Village Panchayat. This move comes in response to a transphobic letter and resolution passed by the Panchayat against the grant of patta land to transgender individuals in the village.
Legal Action Under Tamil Nadu Panchayats Act
Justice SM Subramaniam, presiding over the case, mandated that the District Collector, as the first respondent, must initiate appropriate actions under the Tamil Nadu Panchayats Act of 1994. The objective is to ensure the removal of the President and members of the Nainarkuppam Village Panchayat. The court emphasised the need for these actions to be carried out according to established procedures.
Transgender Rights and Reservation Advocated
Justice Subramaniam underscored the rights of transgender individuals, asserting their entitlement to reservation. The court urged the Tamil Nadu government to take steps towards providing reservation to transgender individuals within local bodies. This move aims to facilitate their integration into mainstream society and enhance their democratic participation.
Immediate Reservation Directive
As an initial measure, the court directed the Cuddalore District Collector to immediately implement reservation measures for transgender individuals within the local body structure. The ruling emphasised that such reservation should extend to platforms within law-making institutions, allowing transgender voices to be heard and their rights to be discussed.
Withdrawal of Transphobic Resolution Challenged
In a previous hearing, the court had asked Panchayat President ND Mohan to produce the transphobic resolution. Mohan acknowledged that the resolution was passed without a proper understanding of transgender rights. He sought to withdraw the petition he had filed due to the Collector’s inaction concerning the resolution.
Rejecting Withdrawal for Social Responsibility
The court rejected the withdrawal request, asserting that allowing it would amount to accepting the harm caused by the elected body’s actions. It stressed the constitutional courts’ duty to uphold constitutional mandates and principles.
Addressing Social Stigma and Fostering Empathy
The court highlighted the importance of dismantling the social stigma attached to transgender individuals. It emphasised the need for empathy and understanding of the challenges faced by the transgender community due to societal pressures.
The court strongly condemned the historical social ostracization of transgender individuals. It criticised the paradox of a society that both considered them bringers of luck and treated them with contempt.
Ensuring Implementation of Welfare Schemes
Acknowledging government initiatives to support the transgender community, the court noted issues with their implementation at the grassroots level. It directed the District Collector to ensure the grant of free house site patta to transgender individuals based on eligibility. Additionally, the court urged the participation of transgender individuals in village festivals and religious practices.
