Madras HC directs TN to decide on horizontal reservation for transgender, intersex persons
The direction was given by Justice N Anand Venkatesh in an order passed on a petition on Monday. He pointed to Clause 3.7 of the policy which uses the term 'Right to Representation in Employment and Educational Institution'.
It is not clear as to whether the government wants to provide horizontal reservation to the transgender and intersex persons as it has always been the request made by the community and has been reflected in many of the earlier orders passed by the various courts, he said.
'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 judge added.
Referring to the constitution of district level committees, the judge asked the state government to ensure representation of at least one transwoman, transman and intersex person in the committee for its effective functioning, and instructed the government to make necessary modifications in this regard.
The judge said though marriages of transgender and intersex persons are already recognised by the Supreme Court, the real challenge is faced when registrations of such marriages are sought. Hence, the state government must issue necessary directions to the registrars about the legal sanction of these marriages, he added.
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