Chennai: Madras high court on Wednesday directed the state government to issue guidelines on “determination of the community” and “reservation in employment” in respect of transgenders to streamline procedures to be followed by its agencies in selecting third-gender candidates for appointment in its services.
Disposing of a petition from Tharika Banu, a transgender, Justice N. Kirubakaran, who gave the above directive, also directed the secretary, Directorate of Indian Medicine and Homeopathy to allot one seat in Bachelor of Siddha Medicine and Surgery for UG course in Indian Medicine and Homeopathy for 2017-18 to the petitioner.
Pointing out that leniency should be shown to the transgender person, who is longing for an admission into the Siddha college, the judge said the petitioner’s claim for admission to BSMS course cannot be denied on the ground that the petitioner has not obtained the minimum marks of 50 per cent. This stipulation holds good only for ‘males’ and ‘females’. Therefore, the minimum marks applicable to male and female students cannot be made applicable to the transgenders. The authorities are guilty of not implementing the orders of Supreme Court and this court, the judge added.
Noting that it was not as if many transgenders have applied for seats, the judge said only on very rare occasions, this kind of claims would be made and that has to be considered with compassion and benevolence.
The course commenced from November 1. The judge directed the authorities to admit the petitioner into the course within a week, failing which the authorities shall appear before the court on December 11, the judge added.
The judge said, “Transgenders are shunned by their families. Harassment, assault, violence, especially sexual violence, denial of basic civil rights, unfair treatment, disrespect, denial of access to public places are part of their life. They are being looked down by the society as “sinners”. They are socially excluded and are struggling without any dignity and right. Therefore, helping hands should be extended by all especially by the government”.
The judge expressed his hope that this order would be a first step to throw open doors of educational institutions for the entry of transgenders for their social empowerment, employment status, dignity and right, which have been denied to them till date, violating the fundamental rights guaranteed under Article 14 and 21 of the Constitution.
