Madras High Court Seeks State Govt's Decision On Providing Horizontal Reservation To Transgender, Intersex Community

Justice N Anand Venkatesh held that a decision had to be taken in this regard so that transgender and intersex persons do not have to knock on the doors of the court every time and seek reservation in public employment and educational institutions.

“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 including the judgment of this Court in Rakshika Raj Vs. State of Tamil Nadu and Ors reported in 2024 3 MLJ 684, taking note of the judgment of the Apex Court in NALSA v Union of India reported in (2014) 5 SCC 438. 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 court said.

The court also appreciated the State Government for bringing in the Tamil Nadu State Policy for Transgender Persons 2025, becoming the 7^th State in the country for bring in a policy for transgender and intersex persons.

“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. Such policy has been brought out by six States and Tamil Nadu is the seventh State which has brought out the policy for transgender and intersex persons. Hence, this Court wants to place on record its appreciation to the Government of Tamil Nadu for coming up with the policy,” the court said.

The court noted that the policy has touched upon the life, safety, health and well being of transgender and intersex persons. The court also took into account the suggestions made by persons from the community.

Among those, one of the concerns raised was with respect to the working of the District level and State Level Committee established to monitor and review the progress of the implementation of the policy. The court asked the State to ensure that the committee has at least one transwoman, transman, and intersex person in the Committee for its effective functioning.

With respect to the marriage of transgender and intersex persons, the court noted that the same was already recognized and asked the State Government to issue necessary directions to the Registrar about the legal sanction of the marriages.

The court added that these suggestions should not be taken as finding fault with the State, but were only requests to the State to effectively implement the policy. Noting that a separate policy for LGBQA+ persons was under consideration, the court directed the state to expedite the process.

Case Title: S Suhma v Director General of Police

Case No: WP No 7284 of 2021