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As per the couter affidavit as submitted by the Tamil Nadu Government, a sum of Rs 1.00 crore is being provided every year towards the implementation of various welfare measures inclusive of educational scholarships to the third genders in the State
In the plea seeking direction to the Central and State Governments to implement the judgment of the Supreme Court in National Legal Services Authority vs. Union of India (NALSA judgment), the government of Tamil Nadu submitted before the Madras High Court that it has taken serious efforts towards the welfare of Third Gender.
The government, through a counter affidavit, claimed that it has taken action towards third gender community's right to life, liberty with dignity, right to privacy, freedom of expression including the policy taken regarding the reservation in the educational institutions and public employment, issuance of Identity cards, adequate representation of third gender persons in the Third Gender Welfare Board etc.
"It is submitted that Government of Tamilnadu is the pioneer State in implementing various welfare measures for the Third Gender persons," the counter affidavit stated.
It highlighted that the Government has instituted an award at a total cost of Rs.1.00 lakh to be presented every year to a third-gender person who does eminent work for the welfare of third genders as a role model among them.
The affidavit mentioned in detail the actions taken by the Government of Tamil Nadu to implement the directions passed by the Supreme Court in the NALSA judgment.
It stated that steps have been taken for the determination of the community of the third gender persons and providing reservation in employment and education accordingly.
The affidavit further mentioned that district-level committees are in place with block level networks for early identification of crisis and other violence against third gender and under the targeted intervention projects, formation of socio cultural group has also been done.
The Health and Family Welfare Department of the Government of Tamil Nadu has been issued necessary orders for banning the sex realignment surgery on intersex infants and children, it mentioned.
Importantly, the affidavit stated that the government has issued identity cards to 6,553 third genders and a sum of Rs 1,000 is being provided as a monthly pension to the deserted third genders in the age group of 40 years and above.
As per the affidavit, a sum of Rs.1.00 crore is being provided every year towards the implementation of various welfare measures inclusive of educational scholarship to the third genders.
"Various income generating schemes are being implemented in the State of Tamil Nadu to empower the Transgenders to live a respectable life inclusive of all measures referred supra," the affidavit added.
It also mentioned that the Government of Tamil Nadu has initiated innovative steps to create a Mobile App at a total cost of Rs 10 lakh inclusive of information, education and communication activities for the welfare of third genders.
In view of the submissions made in the affidavit, the bench of Chief Justice SV Gangapurwala and Justice KK Ramakrishnan disposed of the present petition.
Case Title: S.Muthu Kumar v. The Cabinet Secretary, Union of India and two others
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