CHENNAI: The Madras High Court on Tuesday suggested providing horizontal reservation for trans persons in education and employment in Tamil Nadu on the lines of reservation provided to people with disabilities.
The first bench of Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy suggested while hearing a 2019 petition filed by activist Grace Banu Ganesan seeking orders to the state to provide transgender reservation by following a Supreme Court order in this regard. “The counsel contends that the state may provide horizontal reservation for trans persons. The state may consider the said aspect,” the bench said.
Referring to the contentions of senior counsel Jayna Kothari, who represented the petitioner, the bench stated that if the state provides 1% horizontal reservation for trans persons, it will resolve many issues. The court added that it would not lead to increasing the cap on the overall reservation, unlike the vertical reservation.
“Why can’t Tamil Nadu venture into giving 1% horizontal reservation for trans persons?” the bench asked.
Kothari submitted that the Karnataka government has been providing 1% reservation for trans persons and said Tamil Nadu can also provide such reservation since the state is at the forefront in protecting the rights of marginalised sections.
She pointed out that trans persons are currently pooled in MBC quota leaving those belonging to SC/ST at a disadvantage. The 2019 petition sought the court to issue directions to the state government to frame and implement a reservation policy for trans persons and intersex persons in public employment and education providing for horizontal reservations for trans persons and intersex persons. Asking Advocate General R Shunmugasundaram to get instructions from the government, the bench posted the matter to March 4 for further hearing.
Take down comments against Periyar: Madras High Court to Journo
The Madras High Court has asked Delhi-based journalist Abhijit Majumdar to remove the derogatory and objectionable comments against Thanthai Periyar (EV Ramasamy) from his article on Sanatana Dharma comments recently made by minister Udhayanidhi Stalin.
When a petition filed by the journalist seeking to quash an FIR filed against him by the state police for his objectionable comments came up for hearing on Monday, Justice N Anand Venkatesh said, “There is one portion in the article which is highly condemnable and a very derogatory statement has been made against Thanthai Periyar without any basis.”
He asked the petitioner’s counsel to instruct his client to remove the portion and express regret. If the petitioner makes any amends to the article published in the blog, this court can consider passing further orders, the judge said while posting the matter on January 23.
Referring to the free-for-all news and views thrown at the public, the judge said nowadays there is no decency in expressing news and opinions. He also stated that Periyar had social stature and the comments made against him by Majumdar would incite violence.