Madras HC Grants TN Govt Three Months to Draft Policy For Transgender Persons

Madras HC Grants TN Govt Three Months to Draft Policy For Transgender Persons

On Monday, June 10, 2024, the Madras High Court granted the Tamil Nadu government a three-month extension to develop a dedicated policy aimed at empowering transgender individuals. This policy is anticipated to encompass provisions for reservations and other advantages in both public employment and education.

At the request of the State Public Prosecutor (SPP), the bench presided over by Justice N Anand Venkatesh granted approval. The SPP informed the court that a committee established for this purpose had already submitted a draft policy to the State government on May 15, 2024. Additionally, meetings with stakeholders across all districts are scheduled to commence on June 21, 2024.

The court commended the Government of Tamil Nadu for swiftly undertaking measures to craft a distinct policy for the advancement of transgender individuals. In the case, initially initiated in 2021 to ensure ongoing oversight on issues related to the integration of the LGBTQIA+ community into mainstream society and improving their living standards, the court adjourned proceedings for three months.

The State Public Prosecutor (SPP) informed the court that the government would commence the translation of the draft policy from English to Tamil. Additionally, special camps and stakeholder meetings in all districts are scheduled to begin on June 21. The SPP clarified that these meetings had been postponed due to the implementation of the model code of conduct during the Lok Sabha election.

Justice Venkatesh expressed his view that micromanaging the actions of the government would exceed the court's role. He emphasized that while the court can offer guidance to the government regarding its potential as a welfare state, the ultimate responsibility for making policy decisions lies with the government. Addressing the petitioners, the judge advocated for a wait-and-see approach regarding the final outcome.

He emphasized that it would be appropriate to express opinions on the policy only after its finalization and enactment.

Case Title: Mrs. S.Sushma and Another v. Director General of Police and 4 others

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