In a progressive move towards social inclusion and equality, the Madras High Court has appreciated the Government of Tamil Nadu for implementing the Tamil Nadu State Policy for Transgender Persons 2025, officially in effect since 31st July 2025. Justice N. Anand Venkatesh, presiding over W.P.No.7284 of 2021, expressed strong support for the initiative, calling it a landmark decision aimed at the welfare of transgender and intersex individuals.
"This Court appreciates the Tamil Nadu Government for bringing out this vital policy that addresses the life, safety, health and well-being of transgender and intersex persons," the Judge observed.
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The policy includes comprehensive guidelines on education, employment, healthcare, legal protection, and societal sensitization. Tamil Nadu now joins six other states in recognizing and acting on the rights of the LGBTQIA+ community.
The Court reviewed several submissions from legal counsels and organizations working with the transgender community, highlighting the following key suggestions and observations:
Healthcare and Education
The State has promised updated medical and nursing curricula to sensitize healthcare workers. Schools and colleges are encouraged to raise awareness among teachers, students, and families about gender diversity and prevent coercive conversion therapy.
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Legal Protections
The Court highlighted the need for the government to ensure strict enforcement of penal provisions against those endangering transgender persons' physical or mental well-being.
"The policy must not only focus on transgender and intersex issues but also include sexual orientation and gender identity comprehensively," noted the Court.
The policy should align with advisories from the Union Government, including recognition of same-gender couples in financial, legal, and family systems. A call was made to set up a quasi-judicial LGBTQIA+ Rights Commission to oversee enforcement of such rights.
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Marriage and Civil Union Rights
While the Supreme Court has already recognized the right to marriage for transgender and intersex individuals, challenges remain at the registration level. The Court urged the State to issue directions ensuring such marriages are legally recognized and registered.
Additionally, suggestions were made to recognize civil unions or domestic partnerships, allowing LGBTQIA+ individuals to exercise rights related to succession, parenting, and healthcare decisions.
"The policy must be framed keeping the needs of the LGBTQIA+ community in mind, not from the perspective of a cisgender or heterosexual individual," stated the Court.
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The Court stressed that the State clarify whether horizontal reservation in education and public employment will be provided to transgender and intersex individuals, referencing prior judgments including NALSA v. Union of India.
Further, the Court directed the formation of inclusive District and State-level Committees, ensuring representation of trans women, trans men, and intersex persons to monitor policy implementation.
"Let these individuals not be forced to approach courts repeatedly to claim what is legally theirs," the Court advised.
The State has been asked to act on the remaining suggestions and to expedite the formulation of a separate policy for LGBQA+ persons.
The case is posted for further hearing on 15th September 2025.
Case Title: Mrs. S. Sushma & Anr. Vs. Director General of Police & Ors.
Case Number: W.P. No. 7284 of 2021