Madras High Court grants three months’ time to Tamil Nadu govt. to finalise a policy for transgender community

Justice Anand Venkatesh grants the time after State Public Prosecutor says a committee submitted a draft policy to the State government on May 15, 2024 and that the latter will begin conducting meetings with stakeholders in all districts from June 21, 2024

Published - June 10, 2024 08:42 pm IST - CHENNAI

The Madras High Court on Monday granted three months’ time to the Tamil Nadu government to come up with a separate policy for the uplift of transpersons by providing them reservation and other benefits in public employment and education.

Justice N. Anand Venkatesh recorded the submission of State Public Prosecutor (SPP) Hasan Mohammed Jinnah that a committee constituted for the purpose had conducted widespread consultations and submitted a draft policy to the State government on May 15 this year.

The government would now translate the draft policy from English to Tamil and conduct special camps and meetings with the stakeholders in all districts from June 21, the SPP said, and clarified that the meetings could not be held earlier because of the model code of conduct that was in force due to the Lok Sabha election.

Since the finalisation of the policy had to be done at the highest level after due deliberations, especially after Justice G.K. Ilanthiraiyan of the High Court had directed the government to provide horizontal reservation to transpersons, the SPP sought three months’ time for releasing the final policy.

Justice Venkatesh accepted his request and adjourned by three months a case he had taken up in 2021 for issuing a continuous mandamus on issues related to the inclusion of the LGBTQIA+ community into the mainstream and improving their living conditions.

On Monday, the judge told senior counsel Jayna Kothari, representing a transgender activist, that the court was only an enabler, and that the ultimate decision on formulating a policy for the uplift of transpersons could be taken only by the State government.

He expressed satisfaction over the Government of Tamil Nadu having readily come forward to take steps for the formulation of a separate policy for transpersons. He said that any opinion on the policy could be expressed only after it gets finalised and brought into force.

“Let us see what comes out ultimately. I cannot be micromanaging what the government should be doing. That would be too much for a court to do. Court can only tell the government that it can do so much as a welfare State, but it is up to the government to take policy decisions,” the judge added.

0 / 0
Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in


Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.