The Madras High Court has asked the Tamil Nadu government to clarify if it wants to provide horizontal reservation to transgender and intersex persons under the new policy 2025 for education and employment.
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MADRAS: The Madras High Court has directed the Tamil Nadu State Government to take a clear stance on whether it will extend horizontal reservation in education and employment for these communities.
A Bench of Justice N Anand Venkatesh on August 4 observed that Tamil Nadu recently introduced the Tamil Nadu State Policy for Transgender Persons 2025, making it the seventh State in India to adopt such a framework. The policy covers crucial areas like life, safety, health, education, and employment for transgender and intersex persons.
The judge appreciated this progressive step but noted the ambiguity regarding horizontal reservation under the new policy:
“It is not clear as to whether the Government wants to provide horizontal reservation to the transgender and intersex persons which has always been the request made by the community… Hence, the State Government is directed to take a decision in this regard so that the transgender and intersex persons need not knock the doors of this Court every time,”
the order stated
Horizontal Reservation Matters
Horizontal reservation ensures representation across all categories, such as SC, ST, OBC, and General. For the transgender and intersex community, this has been a longstanding demand to guarantee equal access to education and employment opportunities.
Court’s Direction
The Madras High Court issued several important directions to the Tamil Nadu government while reviewing the implementation of the newly introduced Tamil Nadu State Policy for Transgender Persons 2025. Firstly, the Court directed the State to clarify its position on granting horizontal reservation for transgender and intersex persons in education and public employment, as this has been a consistent demand from the community.
Secondly, it emphasized the need to constitute District and State-Level Committees to monitor the policy’s implementation, mandating that these committees include at least one transwoman, one transman, and one intersex person to ensure effective representation.
Additionally, the Court urged the government to facilitate marriage registration for couples involving transgender and intersex partners by issuing appropriate directions to Registrars, in line with the Supreme Court’s recognition of such marriages. It also suggested renaming the policy to expressly include intersex persons and highlighted that such frameworks should be designed from the perspective of LGBTQIA+ individuals rather than cisgender or heterosexual norms.
Lastly, the Court pressed the State to expedite the formulation of a separate policy for the LGBQA+ community, which the government confirmed is currently in process.
Background of the Case
The order originated from a plea by a lesbian couple seeking protection from their families. During the hearings, the Court issued multiple directions to improve the welfare of LGBTQIA+ persons. On August 4, it also considered suggestions from senior advocates and counsel representing various respondents to strengthen the new policy
The matter is scheduled for September 15, 2025, when the State is expected to update the Court on its decision regarding horizontal reservation and other policy measures.
Appearance:
For Petitioner(s): Ms.Vadhana Bhaskar
For Respondent: Senior Advocates Sriram Panchu, G Sankaran, and Jayna Kothari, and Advocates V Chandrasekaran, K Chandrasekar, Subharanjani, R Thirunavukarasu, BS Ajeetha, B Rabu Manohar, and U Baranidharan
Case Title:
S Sushma & Anr v State & Ors
Writ Petition No.7284 of 2021
READ ORDER HERE
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