Madras High Court directs Tamil Nadu govt to provide reservation for transgenders in local body polls

transgender
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August 25, 2023

The Madras High Court on Wednesday directed the Tamil Nadu government to provide reservations to transgenders in the local body polls as an initial measure aimed at bringing them into mainstream society.

“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,” the High Court said.

The court also directed the Cuddalore district collector to remove the president and members of Nainarkuppam village panchayat by invoking the Tamil Nadu Panchayats Act, 1994 for passing a resolution in April for the district administration to revoke allotment of land for transgender persons in the village.

The petitioner, president of the Nainarkuppam village panchayat in Cuddalore, along with the villagers, had submitted that no patta shall be granted to transgender persons as it would result in the destruction of culture in their 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 said. “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.”

The court further said that “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.”

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