Madras HC Directs State Govt to Provide Reservation For Transgender in Local Body Polls

The Madras High Court on Wednesday directed the Tamil Nadu government to take steps towards providing reservation for transgender individuals in local body elections. This move aims to aid their integration into mainstream society.

A single judge Justice SM Subramaniam also ordered the removal of the panchayat president and other members of Nainarkuppam village panchayat in the Cuddalore district. This was in response to their resolution and correspondence with the district collector, seeking the annulment of land allotment in their village to transgender persons by the State government.

Interestingly, the High Court’s attention was drawn to the matter when the panchayat president himself approached the Court, alleging that authorities were not acting on his representation opposing the presence of transgender persons.

The Court emphasized that transgender individuals have endured victimization and social ostracization for an extended period, which goes against the principles of humanity. It stressed that they hold the right to reservation, being part of the socially Backward Class. The order stated that it is now opportune for the State of Tamil Nadu to implement measures for reserving positions for transgender individuals in local body elections. This initiative is considered a welfare measure to integrate them into mainstream society and promote their democratic participation.

Previously, on August 16, Justice Subramaniam had strongly criticized the panchayat president’s representation to the district collector, which sought the cancellation of land allotment to transgender individuals by the Tamil Nadu government. The Court found the content of the letter to be permeated with transphobia and sought an explanation from the panchayat president regarding his authority to make such a representation.

During the recent proceedings, the panchayat president, ND Mohan, informed the Court that the panchayat’s resolution and his subsequent representation stemmed from the villagers’ general concerns that the presence of transgender individuals might influence the village’s culture adversely. He clarified that at the time of making the resolution and representation, he and others were unaware of transgender individuals’ rights. They only learned about these rights and the provisions of the Transgender Persons (Protection of Rights) Act, 2019 after the district collector issued a show cause notice based on his representation and following his summons by the Court. He therefore sought permission from the Court to withdraw his petition.

While the Court accepted Mohan’s explanations, it stated that allowing him to withdraw the petition would condone the social harm caused by the elected body. The Court emphasized that Constitutional Courts have a duty to protect Constitutional mandates, philosophy, and ethos. Thus, permitting the withdrawal of the writ petition seeking to prevent land allocation to transgender individuals would undermine this duty.

Prior to issuing directions to the State, the Court highlighted the importance of hearing the voices of the transgender community and giving them a platform to express their needs and rights. This, the Court asserted, is a crucial step towards achieving societal change and integrating transgender individuals into the mainstream. The Court further emphasized that reservation for transgender individuals should extend to legislative institutions, where they can voice their opinions and discuss their rights.

In addition to advocating for reservation in local body elections, the Court directed that transgender individuals be provided free land based on their eligibility. The district collector was also tasked with ensuring transgender individuals’ participation in village festivals and ceremonies, as well as allowing them to conduct worship in all religious institutions.