Tamil Nadu, Despite Its Conservative Image, Bringing Policies For LGBTQ Upliftment: Madras High Court

Justice Anand Venkatesh granted 3 months time for the state government to finalise a policy for the upliftment of transgender persons by providing them reservation in public employment and education.

“This Court is confident that the State will finalise and notify the policy within three months. This policy will set a precedent for the entire country and give a ray of hope for the LGBTQIA+ community. It's amazing that it has come from Tamil Nadu, which the rest of the country considers to be a relatively conservative State,” the court said.

The court added that it could not micromanage the functions of the state but could only tell the state what it could do as a welfare state. The court also made it clear that it was only an enabler and the ultimate decision had to be taken by the state. 

"The court cannot micromanage what the government should be doing. That would be too much. 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 court said.

The State Public Prosecutor informed the court that a draft policy had been submitted to the government which would now be translated into English and Tamil. He added that the state would also be conducting camps and meetings with all concerned stakeholders as per the court's direction.

The State PP also informed that following a Madras High Court order, the state had to hold due deliberations while considering to provide horizontal reservation to transgender persons.

The court allowed the state's request and directed the state to decide how much reservation will be given to transgender persons in education and public employment.

The court has been passing a series of directions in a plea filed by a homosexual couple seeking police protection from their family. Through the orders, the court has been attempting to remove the stigma associated with the LGBTQ community and to ensure the welfare of the members of the community.

Case Title: Mrs S Sushma & Ors v The Director General of Police and Others

Case No: WP 7284 of 2021 (Gen Crime)