'Social ostracisation is anti-thesis to humanity': Madras HC asks TN govt to ensure quota to transgenders in local bodies
Emphasising that social ostracisation is anti-thesis to humanity, the bench said rights of transgenders has long been discussed.
The Madras High Court has told the Tamil Nadu government that it is right time to initiate steps to provide reservations to transgender persons in the local body elections as a welfare measure with a view to include them in a mainstream society and for their democratic participation.
A single bench of Justice S M Subramaniam said that in order to give the voices of this community, the reservation for transgenders must extend to forums of law making institutions.
"It is in these law making forums, where transgender persons can express their views and discuss their rights. More so, transgender persons have a right to reservation, owing to the fact that “they are socially Backward Class"," the bench said.
Emphasising that social ostracisation is anti-thesis to humanity, the bench said rights of transgenders has long been discussed.
"The social stigma attached to transgenders is yet to be removed. It is beyond understanding as to how a human can be differentiated based on physical, social or mental differences. As long as the majoritarian group of the society with select ideals keep stigmatising and ostracising a minority group purely based on gender, this will not only promote unhealthy social living conditions but also hamper the growth of our Great Nation," the judge said.
The court also highlighted that it is important to note that transgenders have to be absorbed/employed/brought into the mainstream activities of the society and for that change in attitude towards them is essential.
"Each and every human being have their own likes and dislikes, but when it comes to living in a society under the umbrella of togetherness, it is vital to accept the differences within us," the bench said.
While directing the Tamil Nadu government to take actions to grant reservation to transgender persons in local body elections, the court also directed the Cuddalore district Collector to take steps to remove the President and members of Nainarkuppam village panchayat by invoking the Tamil Nadu Panchayats Act, 1994, for passing a resolution seeking the district administration to revoke allotment of land for transgender persons in the village.
President of the village panchayat N D Mohan filed a writ petition contending that the district administration was not heeding his request and not cancelling the allotment. He claimed alloting pattas to transgenders would result in destruction of the culture in the locality and would be detrimental to the future life of the youngsters in the village.
The district collector, however, issued a show cause notice to the panchayat under Section 46(1)(a) and the Tamil Nadu Panchayats Act, 1994. The petitioner then sought to withdraw the plea.
"The constitutional courts are failing in its duty to protect the constitutional mandates, philosophy and ethos, if the petitioner is permitted to withdraw the writ petition. Therefore, the petitioner cannot be allowed to walk away simply by withdrawing the writ petition filed seeking a direction to the district collector not to grant patta to the transgender persons in their village under the government schemes," the bench said.
Case Title: The President. Mr.N.D.Mohan v. The District Collector, Cuddalore District, Cuddalore