Introduction:

In a landmark decision, the Madras High Court has invalidated a Government Order issued by the Backward Classes, Most Backward Classes & Minorities Welfare Department of the Government of Tamil Nadu, which included transgender persons under the Most Backward Class community for reservation purposes. The court’s ruling came in response to a plea filed by a transgender person challenging the legality of the order.

Arguments of Both Sides:

The petitioner argued that the Government Order treated transgender persons as a caste, rather than recognizing them as a distinct gender identity, thereby violating their constitutional rights under Articles 14, 15, 16, 19, and 21. The state contended that transgender persons were treated as Most Backward Class (MBC) candidates unless they belonged to Scheduled Caste or Scheduled Tribe communities, in which case their reservation status would be determined accordingly.

Court’s Judgement:

Justice GK Ilanthraiyan held that the Government Order was manifestly arbitrary and violated multiple provisions of the Constitution. The court emphasized that transgender persons should be provided horizontal reservation, treating them as a gender identity, not as a caste. Referencing the Supreme Court’s directive in the Nalsa case, the court underscored the need to address the intersectionality of gender identity and caste identity in providing effective reservation. Consequently, the court quashed the Government Order and directed the state to implement horizontal reservation for transgender persons within 12 weeks.