Madras HC issues notice to TN govt over reservation rules for transgenders

The Madras High Court on Wednesday issued notice to the Tamil Nadu government on a PIL seeking horizontal reservation for transgenders and intersex people in government jobs. The division bench of justices S Manikumar and Subramonium Prasad, before which the PIL by Grace Banu Ganesan came up, directed the special government pleader Manoharan to get suitable instructions instructions from the state government and posted the matter to March 21.

Referring to a Supreme Court judgement, the petitioner submitted that horizontal reservations for transgenders should be provided and implemented by the state government. Horizontal reservations are reservation within reservation or special reservation like for females, physically challenged persons, ex-servicemen etc.

Alluding to another apex court order in National Legal Services Authority (NALSA) case, the petitioner said non-recognition of the gender identity of transgenders denies them equal protection of law, thereby leaving them extremely vulnerable to harassment, violence and sexual assault in public spaces, at home and in jail and also by the police. Noting that the state government was now providing reservations to transgenders under most backward classes (MBC) category, which is a form of vertical reservation, the petitioner said there are no clear guidelines on how reservations in educational institutions and public employment should be provided to transgenders.

She also said reservation was crucial for integrating transgender and intersex persons in the mainstream society. Reservations for transgender and intersex persons should be provided horizontally as a separate category under the "Gender identity" or "Woman" category based on the principle of self-identification recognized in NALSA and not under the vertical MBC category, she added.

Hence, the petitioner prayed for a direction to frame and implement a reservation policy for transgender and intersex persons in public employment, which provides for horizontal reservations for transgender and intersex persons.

(With inputs from agencies.)