Take Decision on Transgender, Intersex Horizontal Reservation: Madras HC to TN Govt

Hearing a long-standing writ petition filed by S. Sushma and another seeking protection for queer couples, Justice N. Anand Venkatesh praised the Tamil Nadu government for becoming the seventh state in India to introduce a dedicated transgender policy. “This Court has to commend and appreciate the Government of Tamil Nadu,” he said, adding that the policy had the potential to make a real difference in the lives of transgender and intersex persons.

However, the court observed that the document, though progressive in its scope, remained vague on some of the most crucial rights.

Of particular concern was Clause 3.7 of the policy, which mentions the “Right to Representation in Employment and Educational Institutions” but does not clarify whether it guarantees horizontal reservation, a long-pending demand of the community. Court reminded the state of its own earlier judgments and the Supreme Court’s ruling in NALSA v. Union of India, and directed the government to take a decision so that transgender and intersex persons “need not knock on the doors of this court every time".

Court also stressed the need for inclusive and representative monitoring mechanisms. It instructed the state to immediately form district and state-level committees with at least one transwoman, one transman, and one intersex person on each panel, and to issue notifications accordingly.

Further, while the right of transgender and intersex persons to marry is already upheld by law, court noted recurring problems with registration at the local level. Citing its own judgments in Arunkumar v. IG of Registration and the Supreme Court’s ruling in Supriyo v. Union of India, court directed the state to issue instructions to Registrars to recognize and register such marriages under existing laws like the Hindu Marriage Act.

Suggestions were also made to acknowledge same-gender domestic partnerships, expand healthcare decision rights for life partners, and revise school and medical curricula to include concepts of sexual orientation and gender identity.

Court also pointed out that the suggestions given by the community regarding the transgender policy via an affidavit were not criticisms but efforts to make the policy more meaningful.

“It must be kept in mind that the policy is not meant to satisfy the requirements from the perspective of a cisgender or a heterosexual and it must always be addressed from the perspective of those persons who fall within the ambit of LGBTQA community. Ultimately, such policies must benefit them and a Welfare State must ensure that their requirements are understood and they are fulfilled,” the judge said.

Noting that a separate policy for LGBQA+ persons is in the works, court asked the government to expedite its release.

The matter will be heard again on September 15, 2025, at 2:15 pm. 

Case Title: Mrs. S.Sushma and Another vs. Director General of Police Tamil Nadu Police Department and Others

Order Date: August 4, 2025

Bench: Justice N. Anand Venkatesh