Keywords: Transgenders, Reservation, Land allotment, Local elections, Mainstream activities
On 23rd of August, Justice S. M. Subramaniam directed the Tamil Nadu State Government to grant transgender people the reservations in local election bodies. This discussion arose during the hearing of a certain case relating to passing resolution against land allotment to the people of transgender community in the district of Cuddalore by the Nainarkuppam Village Panchayat as it was believed that such allotment would result in cultural destruction. However, the Court rejected this relief sought and stated that it is unconstitutional to initiate or perform any form of social evil and that the Panchayat’s resolution as one cannot be treated lightly.
The President and the other concerned members of the mentioned Panchayat were also ordered to be removed from their positions for this act of passing resolution to annul land allotment to transgender persons. The Cuddalore District’s Collector was directed to do so by invoking the related provision under Tamil Nadu Panchayats Act of 1994.
The Court observed the gender to be a self-identifying factor and that the Transgenders are to be brought forward and involved in the mainstream activities and stated that such change in attitude is highly necessary. Additionally, owing to this, the Court has directed for the reservations to transgenders in local body polls in order to encourage and support the upbringing of the transgender community.
Written by – Vaishnavi N, College name – Alliance School of Law, Alliance University, Bengaluru, 3rd semester, An intern under Legal Vidhiya
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