Madras High Court directs Tamil Nadu government: Take steps for reservation to transgenders

Madras High Court directs Tamil Nadu government: Take steps for reservation to transgenders

CHENNAI: The Madras High Court has directed the State government to issue guidelines on the ‘determination of the community’ and ‘reservation in employment’ in respect of transgenders to streamline the procedures to be followed by its agencies in selecting them for appointment in its services.

Justice N Kirubakaran gave the direction while disposing of a writ petition from Tharika Banu (27), a transgender, praying for a direction to the secretary, Directorate of Indian Medicine and Homeopathy to allot one seat in the Bachelor of Siddha Medicine and Surgery course in the College of Indian Medicine and Homeopathy for 2017-18. The judge also directed the authorities to allot one seat to the petitioner.

“Transgenders are shunned by their families. Harassment, assault, violence, especially sexual violence, denial of basic civil rights, denial of access to public places are part of their life. They are being looked down by the society as “sinners”. Due to the unfair treatment, they are socially excluded and struggling without any dignity.

Therefore, helping hands should be extended by all, especially by the government,” the judge said and hoped that this order would be a first step to throw open doors of educational institutions for the entry of ‘transgenders’ for their social empowerment, employment status, dignity and right, which have been denied to them till date, violating the fundamental rights guaranteed under Articles 14 and 21 of the Constitution.

The petitioner’s claim for admission to the BSMS course cannot be denied on the ground that she has not obtained the minimum marks of 50 per cent. This minimum marks holds good only for ‘males’ and ‘females’. In the prospectus, it has not been spoken about transwoman or transgender.

“Therefore, leniency should be shown to the transgender person, who is longing for an admission into the Siddha college. Therefore, the minimum marks applicable to the male and female students cannot be made applicable to the transgenders.The authorities are guilty of not implementing the orders of the Supreme Court and this court, by not providing a separate reservation for them,” the judge said.

The judge added that it is not as if many transgenders have applied for seats. Only on very rare occasions, this kind of claim would be made and that has to be considered with compassion. The course commenced from November 1 last. To avoid lapse of the one seat already reserved for the petitioner, it is appropriate to direct the authorities concerned to admit the petitioner in the course, immediately within a week, which the petitioner is entitled to.

Source: TNIE