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Synopsis

 

The Madras High Court, in a significant development on Monday, underscored the pressing need for the State government to conduct a thorough survey aimed at acquiring contemporaneous data pertaining to the transgender population. The survey will facilitate the provision of sufficient horizontal reservation for transgender individuals in both education and public employment.

The division bench comprising Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy, suggested that the State may also seek the assistance of Non-Governmental Organizations working at the grass-root level for the benefit of the transgenders. ensure the comprehensive nature of the survey.

"The said process needs to be expedited. The State may take immediate steps in that regard," the bench ordered.

The interim order was passed in a public interest litigation petition filed by transgender activist Grace Banu Ganesan.

On the last date in the matter, the court had asked the State to consider the suggestion of the petitioner's counsel that the State may provide horizontal reservation to the transgenders.

Regarding this, a status report was filed before the bench by the Secretary to Government, Social Welfare and Women Empowerment Department.

Court noted that the report showed that as on date, there is no contemporaneous data regarding the population of transgenders in the State of Tamil Nadu.

Court suggested that initially, the contemporaneous data will have to be collected by the State so as to provide some reservation to the transgenders.

"At present, depending upon the community certificate, transgenders are being considered from Most Backward Classes/Backward Classes/Scheduled Castes and Scheduled Tribes category, however, that would not result in providing a separate reservation to the transgenders," court pointed out. 

Therefore, it asserted that it is high time the State conducts a survey and collects the contemporaneous data regarding the population of the transgenders".

Apart from that, court opined that the State may also consider providing gender-neutral toilets at public places for transgenders.

While posting the matter on April 17, 2024 to know the further progress made in the matter, court took on record that the submission made by the Advocate General that the exercise directed by the court would be undertaken immediately.

Case Title: GARCE BANU GANESAN v. STATE OF TAMIL NADU