Tamil Nadu, despite its conservative image, introduces policies to uplift LGBTQ: Madras High Court

The Madras High Court has appreciated the Tamil Nadu government for its efforts to introduce policies to uplift the standard of living of members of the LGBTQ community.

Judge Anand Venkatesh granted the state government 3 months to finalize a policy for the betterment of transgender people by providing them with reservation in public sector employment and education.

“The Court is assured that the state will finalize and notify the policy within three months. This policy will set a precedent for the entire country and provide a ray of hope for the LGBTQIA+ community. It’s amazing that he comes from Tamil Nadu, which the rest of the country considers a relatively conservative state,– said the court.

The court added that it cannot micromanage the functions of the state, it can only tell the state what it can do as a welfare state. The court also clarified that this is only an enabling factor and the final decision must be made by the state.

“The court cannot microcontrol what the government should do. That would be too much. The Court can only tell the government that it can do as much as the welfare state, but it is up to the government to make policy decisions” – said the court.

The State Prosecutor informed the court that a draft policy has been submitted to the government and it will now be translated into English and Tamil. He added that as per the court’s directions, the state will also organize camps and meetings with all stakeholders.

The state PPP also said that following the order of the Madras High Court, the state had to conduct due deliberations while considering granting horizontal reservation to transgender persons.

The court granted the state’s request and ordered the state to decide how much reservation transgender people would have in education and public employment.

The court issued a series of directions as part of a complaint filed by a homosexual couple seeking police protection from their family. Through its orders, the court seeks to remove the stigma associated with the LGBTQ community and ensure the well-being of its members.

Case Title: Mrs. S Sushma and Ors v. Director General of Police and others

Case number: WP 7284 of 2021 (generational crime)