HC seeks to know TN's stand on quota for trans persons
"It is not clear as to whether the govt wants to provide horizontal reservation, which has been the request of the community and which has been reflected in many of the earlier orders passed by various courts, including a division bench of this court," said Justice N Anand Venkatesh on Tuesday. Hence, the state is directed to take a decision in this regard so that the community need not knock on the doors of this court every time and seek the reservation, the court added.
Besides the horizontal reservation, the other issue requiring immediate consideration pertains to the district-level and state-level committees to monitor and review the progress in the implementation of the policy, the court said. "The state must ensure that there is representation of at least one transwoman, transman, and intersex person in the committee for its effective functioning," Justice Anand Venkatesh said.
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Insofar as the marriage of transgender and intersex people is concerned, the same was already recognised by the Supreme Court; however, the real challenge is faced when they seek registration of marriages before the registrar," the court pointed out. "Hence, the state must issue necessary directions to the registrars about the legal sanction of these marriages," he added.
Another suggestion for the govt was regarding the deed of familial association or other types of domestic partnership/civil union which the parties may enter to govern their rights.
This issue has significance since none of the Succession Acts recognises such rights, and therefore, the parties must be able to at least deal with their rights by entering into such agreements, the court said.
The court further recorded the submission of the govt that insofar as the policy for LGBTQIA+, the same is under process and some time is required to finalize it. Now that the govt has come out with a policy for transgender and intersex persons, it is time that it comes up with a policy for LGBTQIA+ people also. This process should be expedited, the court said.
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