Madras High Court asks State to decide on horizontal reservation for transgender, intersex persons

The Madras High Court has directed the State government to decide on whether it will extend horizontal reservation in educational and employment institutions to transgender and intersex persons.

A Bench of Justice N Anand Venkatesh on August 4 noted that the Tamil Nadu government had recently put in place a policy for transgender and intersex persons, becoming the seventh State in India to do so.

The judge lauded the State for this move, but noted that it was unclear whether the State proposed to grant horizontal reservations to the transgender and intersex community under this new policy.

The Court has directed the State to decide on this issue.

“It is not clear as to whether the Government wants to provide horizontal reservation to the transgender and intersex persons which has always been the request made by the community and which has been reflected in many of the earlier orders passed by the various Courts ... Hence, the State Government is directed to take a decision in this regard so that the transgender and intersex persons need not knock the doors of this Court every time and seek for reservation in public employment and educational institutions," the August 4 order said.

The new policy, named the Tamil Nadu State Policy for Transgender Persons 2025, addresses critical areas such as life, safety, health, education, and employment for transgender and intersex persons.

"In what could be termed as a victory for the transgender and intersex persons, after their long struggle, the State Government has brought into effect the Tamil Nadu State Policy for Transgender Persons 2025 ... At the outset, this Court has to commend and appreciate the Government of Tamil Nadu for implementing the policy for transgender persons which was made effective from 31.07.2025 ... this Court wants to place on record its appreciation to the Government of Tamil Nadu for coming up with the policy," the Court noted.

The order was passed in a case that began with a plea by a lesbian couple seeking protection from their relatives. Over the course of hearing the matter, the Court had issued several directions in an effort to further the welfare of LGBTQIA+ persons.

On Monday, the Court also took on record submissions made by senior counsel and advocates appearing for various respondents to the case, highlighting constructive suggestions to improve Tamil Nadu's new policy for transgender and intersex people.

After examining these suggestions, the Court noted that an urgent issue requiring the State's attention was the establishment of District and State Level Committees to monitor and review the progress of the policy’s implementation.

"The State Government must ensure that there is representation of atleast one transwomen, transmen, and intersex person in the Committee for its effective functioning. Necessary notification should be issued by appointing the Committees so that the implementation of the policy can be done in an effective manner," the Court said.

The Court also urged the government to issue appropriate directions to Registrars to facilitate marriage registrations on applications by couples with transgender and intersex partners.

The Court noted that the Supreme Court has already recognised marriages involving transgender and intersex partners, but that they face hurdles when they try to register their marriage.

The High Court went on to request the State to consider renaming its new policy to expressly include both transgender and intersex persons.

The Court further stressed that such policies should be framed from the perspective of LGBTQIA+ individuals rather than cisgender or heterosexual norms.

"Now that the State Government has come out with a policy for transgender and intersex persons, it is time that the Government comes up with the policy for LGBQA+ persons also. This process should be expedited," the Court added.

The State, represented by Additional Public Prosecutor R Muniyapparaj, told the Court that such a policy for the Lesbian, Gay, Bisexual, Queer, Asexual+ (LGBQA+) community is in the works and what is left is to finalise the same.

The matter will be heard next on September 15.

Advocate Vadhana Bhaskar appeared for the petitioners.

Senior Advocates Sriram Panchu, G Sankaran and Jayna Kothari, and Advocates V Chandrasekaran, K Chandrasekar, Subharanjani, R Thirunavukarasu, BS Ajeetha, B Rabu Manohar, and U Baranidharan appeared for various respondents.

[Read Order]