Madras HC’s order to implement horizontal reservation for Transpersons belonging to all castes in TN welcomed by community

CHENNAI: In what is being seen as a progressive move, the members of trans persons' community have welcomed the Madras High Court order to implement horizontal reservation for trans persons belonging to all castes in the State within 3 months.

Additionally, trans persons urge the government to conduct census on exact numbers in all castes in the State.

Meanwhile, the court also quashed the government order (GO) issued by the State on April 6, 2015, which mentioned providing vertical reservation for trans persons by notifying them as Most Backward Class (MBC) regardless of their actual caste for education and employment opportunities'.

However, Rakshika Raj, a trans woman nurse and a social activist filed a petition with the court in 2022 to strike down the 2015 GO.

Rakshika speaking to DT NEXT said that the earlier order saw my gender for reservation, over my caste.

"The 2015 circular does not give me the rightful opportunities in our society. The vertical reservation that the circular speaks about itself is a discrimination for trans persons. But, the horizontal reservation will give us the right kind of chances in education and employment, "said Rakshika.

The implementation of horizontal reservation by the government in subsequent months as per the court's direction will be beneficial to trans women, trans men and intersex (a person born with the combination of both female and male biological traits).

Rakshika further goes on to say that trans persons already face numerous hurdles and stigma in our society, hence to consider all in the bracket as MBC.

Meanwhile, Rakshika also spoke about how vital the reservation is for trans persons who are the third gender and urges the government to conduct a census on ascertaining trans persons' population in Tamil Nadu.

"Considering all trans persons as MBC is depriving us of our rights and further exposing us to hurdles. But, after the government conducts the much needed survey on the trans gender population, the implementation of a quota based on caste will uplift the gender to better standards, "she said.

Likewise, Living Smile Vidya, a Dalit-trans activist who is an author and theatre practitioner, welcomed the court's direction to implement horizontal reservation and simultaneously quashing the 2015 GO.

"The demand for horizontal reservation has been long-pending, perhaps since 2006. Hence, we members of the community welcome the court's direction to implement reservation, which is only logical and about time, "said Vidya.

Vidya also pointed out that the idea of reservation is defeated if all trans persons are counted as MBC. Further, Vidya called for unity within the community so that the reservation is benefitted rightfully for all members of the community.

While, the court has still not mentioned the percentage of reservation for trans persons in Tamil Nadu, the members have urged the government to swiftly conduct a survey to ascertain the exact number of trans persons from all castes.