The Madras High Court asked the T.N. state to take into account the possibility of giving the community 1% vertical reservation across all caste groups in education and public employment on Tuesday, January 9, 2024, in a major purchase that will benefit the transgender community.
Madras High Court orders the Tamil Nadu government to make accommodations for trans people in local body surveys.
After the legislation official stated that this was a policy decision that had to be made at the highest levels, Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Ch
akravarthy gave Advocate General R. Shunmugasundaram time until March 4, 2024, to follow guidelines from government authorities.
Although Tamil Nadu was a pioneer in the uplift of transgender people, the State’s reservation plan for the area was somewhat complicated, according to Senior Counsel Jayna Kothari, who was speaking on behalf of the environmentalist Grace Banu Ganesan.
They emphasized that under the current law, trans people who identify as women are entitled to the same horizontal reservations as other women, regardless of caste. Those who identify as either men or women, however, were categorized according to their caste or the Most Backward Class (MBC), whichever was more advantageous to them.
Government informs SC that Transgender people can take advantage of any of the limit perks available to the marginalized.
According to the judges, a transgender man who has identified as male and falls under the scheduled caste or scheduled tribe category is simply taken into account as an SC/ST male candidate and is not given any special consideration because of this complex policy.
However, the judges noted Ms. Kothari’s submission that the Karnataka state had developed a policy of providing 1% horizontal booking for trans people across all caste categories, and they said the Tamil Nadu government could also take into account such an easy solution.
No specific legislation regarding trans people’s employment is being considered: Center
The Chief Justice informed the A-G that the Supreme Court had ordered the Center and all State governments to provide reservations for transgender people so that they could be integrated into mainstream society in the infamous NALSA (National Legal Services Authority) judgment from 2014.
So, he claimed, the Tamil Nadu government could take into account like a horizontal booking policy without having an impact on the vertical reservation cap. Additionally, according to Justice Chakravarthy, transgender people could be given special reservations without being forced into the binary category of men and women.
