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Synopsis

The Madras High Court on Monday, June 10, 2024, allowed the Tamil Nadu government three months’ time to prepare a separate policy aimed at uplifting transgender persons. This policy is expected to include provisions for reservations and other benefits in public employment and education.

The bench of Justice N Anand Venkatesh acceded to the request made by the State Public Prosecutor (SPP) who informed the court that a committee formed for the purpose submitted a draft policy to the State government on May 15, 2024, and meetings with stakeholders in all districts would begin on June 21, 2024.

While applauding the Government of Tamil Nadu for its prompt initiative in taking steps to formulate a separate policy for the upliftment of transgender individuals, court adjourned the case by three months.

The order was passed in a case initiated in 2021 seeking a continuous mandamus on matters concerning the inclusion of the LGBTQIA+ community into mainstream society and enhancing their living conditions.

The SPP submitted before the court that the government would begin translating the draft policy from English to Tamil and will hold special camps and meetings with stakeholders in all districts starting June 21. He also clarified that these meetings had been delayed due to the model code of conduct in place during the Lok Sabha election.

Justice Venkatesh opined that he could not micromanage the government's actions, as it would exceed the court's role. He emphasized that while the court can advise the government on its potential as a welfare state, the responsibility for making policy decisions ultimately rests with the government. To the petitioners, the judge expressed a wait-and-see approach to the final outcome.

He emphasized that it would be appropriate to express opinions on the policy only after its finalization and enactment.

Case Title: Mrs. S.Sushma and Another v. Director General of Police and 4 others