Madras High Court orders removal of 'transphobic' panchayat president; directs State to reserve seats for transpersons in local bodies

The Madras High Court on Wednesday directed the Tamil Nadu government to initiate steps to grant reservation for transgender persons in local body polls with a view to helping them slowly become part of mainstream society. [ND Mohan v. District Collector, Cuddalore District].Justice SM Subramaniam also directed the authorities of Cuddalore district to remove the panchayat president and other members of the Nainarkuppam village panchayat. This, after they issued a resolution and wrote a letter to the district collector seeking cancellation of land allotted in their village by the State government to transgender persons.Interestingly, the High Court took cognisance of the issue after the panchayat president himself moved the Court saying that authorities were not taking a decision on his representation against the transgender persons..The Court said that transgender persons had been victimised for years and such victimisation and social ostracization was the “anti-thesis of humanity.”“More so, Transgender persons have a Right to Reservation, owing to the fact that they are socially Backward Class. It is the right time, the State of Tamil Nadu initiate steps to provide reservations to Transgender persons in the local body elections as a welfare measure with a view to include the Transgender in a mainstream society and for their democratic participation,” the order said..On August 16 this year, Justice Subramaniam had taken strong exception to a representation made by the panchayat president to the concerned district collector seeking cancellation of the allotment of land to transgender persons by the Tamil Nadu government.The Court had noted at the time that the letter by the panchayat president reeked of transphobia. It had, therefore, sought an explanation from him questioning the authority he had to make such a representation..On Wednesday, the panchayat president, ND Mohan told the Court that the panchayat resolution and his subsequent representation arose out of the general apprehension among villagers that allowing transgender persons to live in their village might corrupt the village’s culture.Mohan, however, also clarified that when the panchayat resolution and his representation had been made, he and other villagers had been unaware of the rights of transgender persons. They came to learn about such rights and provisions of the Transgender Persons (Protection of Rights) Act, 2019 only after the district collector issued a show cause notice based on his representation and after the Court summoned him.Therefore, he sought the Court’s permission to withdraw his petition..While the Court accepted Mohan’s submissions, it held that allowing him to withdraw the petition would “result in acceptance of the social evil caused at the instance of the elected body.”“The Constitutional Courts are failing in its duty to protect the Constitutional Mandates, Philosophy and Ethos, if the petitioner is permitted to withdraw the writ petition. Therefore, the petitioner cannot be allowed to walk away simply by withdrawing the writ petition filed seeking a direction to the District Collector not to grant patta to the transgender persons in their Village under the Government schemes,” the Court said..Before issuing directions to the State, the Court said,"It is also important to hear the voices of this community. And the essential requisite for that lies in giving a platform for transgender persons to speak about their needs and rights, and it is only through this, the societal change can be brought about and the vision to bring them as a part of mainstream can be achieved. In order for this, the reservation for transgenders must extend to forums of law making institutions. It is in these law making forums, where transgender persons can express their views and discuss their rights.".Apart from reservation in local body polls, the Court also directed that transgender persons be granted free land based on their eligibility. The district collector was also directed to ensure that transgender persons are allowed to participate in village festivals and ceremonies and are permitted to conduct worship in all religious institutions..Advocate R Rajavelavan represented Mohan. Advocates Arun Kumar and E Sundaram appeared for the State authorities..[Read Order]