Madras High Court Advocates for Trans Inclusivity: Directs TN Government to Mull 1% Horizontal Reservation

In a pivotal move, the Madras High Court has urged the Tamil Nadu government to explore the implementation of a one percent horizontal reservation for transgender individuals across all caste categories in state-run educational institutions and employment. Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy instructed TN Advocate General R Shunmugasundaram to provide insights into the matter by March 4, 2023.

The directive comes in response to a Public Interest Litigation (PIL) petition filed by transgender activist Grace Ganesan, seeking horizontal reservation for the transgender community. Senior Counsel Jayna Kothari, representing the petitioner, highlighted the complexity of Tamil Nadu's existing reservation system for transgender individuals.

As per the current arrangement, transgender individuals who identify as women are entitled to the benefits of horizontal reservation for women across caste categories. However, those identifying as men or as part of the third gender are categorized under their respective caste or the Most Backward Class, whichever proves more advantageous. This, according to the PIL, results in transgender persons in the Scheduled Caste or Scheduled Tribe category being treated solely as SC/ST male candidates, without specific consideration for their transgender identity.

The Court acknowledged that the existing system fails to adequately address the diverse identities within the transgender community. Referring to the Supreme Court's 2014 NALSA judgment, the Madras High Court suggested that the Tamil Nadu government could consider introducing a horizontal reservation policy without infringing on the maximum cap for vertical reservation.

In response to the Court's suggestion, the Advocate General sought additional time, deeming it a policy decision. The Court, recognizing the significance of this matter, granted the state until March 4, 2023, to formulate a response to its proposal. This development marks a crucial step toward fostering inclusivity and recognizing the distinct challenges faced by transgender individuals within the framework of reservations in Tamil Nadu.

Author: Anushka Taraniya

News Writer, MIT ADT University