Observing that social ostracisation is the antithesis of humanity, the Madras High Court on Wednesday, August 23, 2023 directed the Tamil Nadu government to provide reservations to transgender persons in the local body polls as an initial measure aimed at bringing them into mainstream society.
Justice S.M. Subramaniam also directed the Cuddalore Collector to initiate steps under the Tamil Nadu Panchayats Act, 1994, to remove the Nainakuppam panchayat president N.D. Mohan and its members for having passed a resolution against the granting of free house site pattas to transgender persons.
The judge further directed the Collector to ensure that the transgender community beneficiaries in the village get free house site pattas based on their eligibility and that they also get to participate in all village ceremonies and festivals besides enjoying the right to worship at all religious institutions.
“Each and every living being is a gift. Gifts may be wrapped in various colours, designs and appearances and these gifts spring up with countless surprises. It is the same with each one of us. The level of mental and social pressure faced by such distinctive community of people can only be understood by an empathetic mind,” the judge wrote.
“We are all brought up in different social, religious, ideological and economic backgrounds. Differences are inevitable, but an understanding of this diversity is essential for a harmonious societal structure. Gender is what we believe ourselves to be, it is a self identified factor. To accept this requires an education and awareness centred on harmonious living,” he added.
Justice Subramaniam went on to state that education must be such that it should transcend appearance, colour, physique and gender stereotypes. No one should make another feel less than fully accepted. “This is the worst form of discrimination. In no way is one less than the others and under no circumstance shall one be made to feel so,” he said.
Despite legislations, social injustice still exists, says judge
The judge also lamented that social injustice had not been washed away despite a number of legislations, speeches, articles, documents and policies framed in the last 76 years since Independence. “Why we are unable to remove this social injustice? Why are we not able to accept the differences within us? The answer is well known. The mind is failing to accept the truth which our conscience already knows,” he said.
He pointed out that the very society that considers the transgender persons to be the ones who bring good luck, and tends seeks their blessings on auspicious occasions, also treats them with contempt on other occasions. “It is this contradictory presumption in the society, which is queer,” he said.
The State had been implementing welfare measures for the transgender community by bringing in legislations and policies to support the community. “Yet, the message gets lost in the lengthy organisational structure of the executive. The bottom rung of the executive structure, who are in direct contact with the members of the transgender community, fail to implement these welfare schemes in letter and spirit,” the judge complained.
The judge was of the view that a societal change could be brought about only if the transgender persons were provided with a platform to speak about their needs and rights and said that such a platform could be created by extending reservations for them in law-making institutions. It could begin with the local bodies, he said.
