Madras High Court urges Tamil Nadu to collect data on transgender persons in plea for horizontal reservation

The Madras High Court recently said that it was “high time” that the Tamil Nadu government conducted a survey to collect contemporaneous data on the transgender population in the State, with a view to providing them benefits of horizontal reservation in education and public employment..In an interim order passed on March 4, a bench of Chief Justice SV Gangapurwala and D Bharatha Chakravarthy directed the State government to conduct such survey and also to consider providing gender-neutral toilets for transgender persons in public places..The Court was hearing a Public Interest Litigation (PIL) petition filed by activist Grace Ganesan Banu seeking horizontal reservation for transgender persons.Appearing for the petitioner, Senior Advocate Jayna Kothari told the Court that transgender persons in the State who identify and declare themselves as women are currently entitled to receive the benefits of horizontal reservation provided for women in Tamil Nadu, across all caste categories. However, those who declare themselves either as men or as belonging to the third gender are categorised either under their respective caste category or under the Most Backward Class category, whichever proves more beneficial for each of them..Advocate General PS Raman submitted that while the State government was not averse to providing horizontal reservation for transgender persons, “as on date, there was no contemporaneous data regarding the population of the transgender persons in Tamil Nadu.”The State further submitted that at present, depending on their community certificates, transgender persons in the State were being considered from Most Backward Classes/Backward Classes/Scheduled Castes and Scheduled Tribes category for the purpose of reservation. There was no separate provision of reservation for them, the State said..After hearing the arguments, the Court said,“It is high time the State conducts a survey and collects the contemporaneous data regarding the population of the transgenders. It may also seek the assistance of the Nongovernmental Organizations working at the grass-root level for the benefit of the transgenders. The said process needs to be expedited. The State may take immediate steps in that regard."The AG then told the Court that the State will take steps to conduct such survey immediately..[Read Order]