The Madurai Bench of the Madras High Court has directed the Tamil Nadu government to design and implement a comprehensive rehabilitation scheme for transgender persons at the taluk level, with a focus on dignity, inclusion, and sustainable livelihoods.
The direction came while the Court was hearing an anticipatory bail plea filed by YouTuber V. Sarathkumar, who was accused of circulating a video linked to the self-immolation of a transgender person near a police station in Srivilliputhur. While granting relief, the Court expanded the scope of the case to address broader structural challenges faced by the transgender community.
The petitioner had been booked under Section 353 of the Bharatiya Nyaya Sanhita for allegedly sharing misleading content about the police. He argued that he had merely reshared content already in circulation and deleted it after realising its impact. Observing that the allegation was limited to retransmission, the Court granted anticipatory bail.
Justice K.K. Ramakrishnan, while dealing with the matter, highlighted the continued marginalisation of transgender persons, noting that societal prejudice has pushed them into conditions of exclusion. The Court stressed that they are entitled to equal treatment and full participation in public life.
Expressing concern over institutional inaction, the Court remarked that judicial sensitivity must translate into enforceable rights for vulnerable communities.
Referring to gaps in the implementation of the NALSA v. Union of India, the Court issued a series of directions to the State. It called for the creation of a structured rehabilitation mechanism at the taluk level, development of self-employment opportunities, and ensuring access to education, healthcare, and welfare schemes, along with measures to promote dignity and inclusion.
The Chief Secretary has been directed to coordinate efforts across departments and file a compliance report by July 26, 2026.
Reiterating the constitutional framework, the Court observed that transgender persons are protected under Articles 14, 15, 16, and 21, which guarantee equality, non-discrimination, and the right to live with dignity. It added that failure to effectively implement these rights continues to deepen inequality.
The matter is slated for further hearing on August 3, 2026, to assess the State’s progress.
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