December 1, 2017
Bench said that due to the unfair treatment by Society, they are socially excluded and struggling without any dignity.
Madras HC has directed the State govt. to issue guidelines on ‘determination of the community’ & ‘reservation in employment’ in respect of transgenders to streamline the procedures to be followed by govt's agencies in selecting them in its services.
Justice N. Kirubakaran gave the direction while disposing of a writ petition by Tharika Banu (27-year-old), a transgender praying for a direction to the secretary, Directorate of Indian Medicine and Homeopathy to allot 1 seat in the Bachelor of Siddha Medicine & Surgery course in College of Indian Medicine and Homeopathy for 2017-2018. The Judge also directed the authorities to allot 1 seat to the petitioner.
“Transgenders're shunned by their families. Harassment, violence, assault, sexual violence, denial of the basic civil rights, denial of access to the public places're part of their life. They're being looked down by the society as 'sinners'. Due to the unfair treatment, they're socially excluded & struggling without any dignity, ∴ helping hands should be extended by all, especially by the govt,” the Judge said.
Justice N. Kirubakaran hoped that this order would be a 1st step to open doors of educational institutions for the entry of transgenders for their social empowerment, employment, dignity & right, which have been denied to them till date, violating the Fundamental Rights guaranteed under Articles 14 & 21 of the Constitution of India.
Petitioner’s claim for admission to BSMS course can't be denied on the ground that she hasn't obtained the minimum marks of 50%. This min. marks holds good only for ‘males’ & ‘females’. In the prospectus, it hasn't been spoken about transwoman or transgender.
“∴ leniency should be shown to the transgender person, who's longing for an admission into the Siddha college. The authorities are guilty of not implementing the orders of the Apex Court & this Court, by not providing a separate reservation for them,” the Judge said.
The judge added that it is not as if many transgenders have applied for seats. Only on very rare occasions, this kind of claim would be made and that has to be considered with compassion.
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