Madras High Court Seeks Tamil Nadu Government’s Stand on Horizontal Reservation for Transgender Persons in Public Employment
The Madras High Court has once again placed the spotlight on the issue of equal opportunity for transgender and intersex persons, asking the Tamil Nadu government to clarify whether it intends to implement horizontal reservation in education and government jobs. The court’s observations came while hearing petitions seeking effective implementation of constitutional protections and earlier judicial directions aimed at ensuring meaningful inclusion of the transgender community.
A Division Bench noted that while Tamil Nadu has framed a progressive LGBTQIA+ policy, the government must take a clear policy decision on extending horizontal reservation to transgender and intersex persons across all social categories. The judges emphasized that welfare measures should be viewed from the perspective of the LGBTQIA+ community rather than through the lens of the cisgender majority, underscoring the need for substantive equality instead of symbolic recognition.
The demand for horizontal reservation has gained momentum following earlier judicial pronouncements holding that transgender identity is a matter of gender and not caste. In previous proceedings, the Madras High Court observed that merely placing transgender persons under the Most Backward Classes category fails to address the discrimination and exclusion faced by the community. Instead, it suggested that reservation should operate horizontally, similar to reservations available for women and persons with disabilities, cutting across existing caste categories.
The litigation traces its roots to petitions filed by transgender rights activists, including Grace Banu and Rakshika Raj, who argued that the absence of a dedicated horizontal quota has deprived transgender candidates of equal access to education and public employment despite the Supreme Court’s landmark judgment in National Legal Services Authority (NALSA) v. Union of India. That 2014 verdict directed governments to treat transgender persons as socially and educationally backward classes and to extend reservation in educational institutions and public appointments.
The High Court also acknowledged Tamil Nadu’s recent LGBTQIA+ policy initiatives but indicated that policy objectives must translate into enforceable measures. The Bench sought clarity on whether the State proposes to institutionalize horizontal reservation through legislation or executive action, a move that could significantly improve representation of transgender persons in government services and educational institutions.
The issue carries national significance because only a handful of states have moved towards dedicated reservation for transgender persons. Karnataka became the first state to introduce a one per cent horizontal reservation in government employment, a model frequently cited before courts examining similar demands in other states. Legal experts believe that Tamil Nadu’s eventual decision could influence reservation policies across India.
With the High Court seeking a definitive response, the matter is expected to shape the future of affirmative action for transgender and intersex persons in Tamil Nadu. The State government’s stand will be closely watched by constitutional scholars, civil rights groups and members of the LGBTQIA+ community, as it may determine how the constitutional promise of equality is translated into practical access to public employment and education.
