'Provide Reservations To Transgender Persons In Local Body Elections', Says Madras HC To Tamil Nadu Govt

Justice SM Subramaniam of the Madras High Court on 23 August directed the state government to provide reservations to transgender people in elections to local bodies.

The direction was given in a case related to the passing of a resolution by the Nainarkuppam panchayat in the Cuddalore district against the allotment of land pattas to people from the transgender community.

Justice Subramanian said, “Social evil in any form is unconstitutional and the resolution passed by a Village Panchayat unanimously cannot be taken in a lighter manner.”

He added that change in society could be brought about by giving them an opportunity to speak for themselves by providing them with reservations in the local bodies.

“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," he said.

He also ordered the District Collector to remove the Nainarkuppam panchayat president ND Mohan and its members using powers under the Tamil Nadu Panchayats Act, 1994 for passing such a resolution.

The villagers had opposed the grant of pattas to transgender persons on the grounds that it would result in the "destruction of culture."