Treat Them Under Special Category: Madras HC Directs State To Establish Separate Norms For Transgender Persons In Employment & Education Avenues

The Madras High Court has directed the Tamil Nadu state government to formulate distinct guidelines for transgender individuals concerning employment and educational opportunities.

The Single-Judge Bench of Justice V. Bhavani Subbaroyan emphasized that transgender persons should not be categorized as male or female but recognized as a special group, entitled to rights equivalent to those of other specially designated categories.

"The second respondent is directed to treat the transgenders under special category and not to treat them under female or male category in all education and employment avenues...In every employment and educational avenues, the Government shall prescribe separate norms for transgenders which shall be below the norms prescribed for male and female candidates," the Court directed. 

The Court's intervention stemmed from a case brought by a transwoman seeking inclusion in the recruitment process for a post under the Combined Civil Service Examination – II (Non-Interview Post). She argued that her exclusion from the special category deprived her of fair consideration despite meeting the qualifying criteria.

Highlighting the recurrent challenges faced by transgender individuals in accessing employment opportunities, the Court rebuked the Tamil Nadu Public Service Commission (TNPSC) for failing to acknowledge their distinct status.

The TNPSC cited adherence to existing rules and regulations, prompting the Court to emphasize the need for specific directives from the government to ensure equitable treatment of transgender persons.

Referring to the landmark NALSA judgment, which underscored the need for extending benefits to transgender individuals akin to socially and educationally backward classes, the Court lamented the misinterpretation of this directive by state authorities. Instead of recognizing transgender individuals as a unique demographic, they were often relegated to existing backward caste categories, contrary to the Supreme Court's intent.

The Court underscored the government's responsibility to facilitate opportunities for transgender individuals, emphasizing the transformative impact of inclusion on societal balance and individual well-being. It also directed the TNPSC to permit the petitioner to proceed with document verification, affirming the fundamental rights of transgender persons to equal consideration in employment and education.

"Every denial of opportunity to a transgender that too when there are very minimal number of transgenders, who are educationally qualified, the said denial would pull back the transgender to live in abnormal life is what we see in the society. It is for the Government to improve the quality of their living by providing sufficient opportunity to the transgender in education and employment avenues. Only this would create a balance in the society as far as the transgenders are concerned," the Court said. 

The Court further said, "The transgenders are placed in the caste in which they are born and treated in the said category. This is of no use and detrimental to their development, the transgenders are to be treated as a special category only irrespective of their caste and gender (either Thirunangaiyar or Thirunambi)."

Furthermore, the Court directed, "The second respondent shall ensure by directing all the recruiting agencies to specify transgender as special category and prescribe separate norms for their cut-off mark, the age relaxation that are extended to other special categories shall also be extended to the transgender irrespective of their caste in future employment and educational avenues. The transgender at no point of time in future shall be clubbed under male or female categories."

Cause Title: R.Anushri v. The Secretary and Others 

Appearance:-

Petitioner: Advocate S.Karthikeyan

Respondent: Advocates G.Hema,  Dr. T.Seenivasan (Special Government Pleader)

Click here to read/download the Order