Remove civic chief, members for resolution against transpersons: HC
Further, the judge directed the Cuddalore Collector to ensure that the transpersons were granted free house site patta based on their eligibility
Madras High Court (File)
CHENNAI: The Madras High Court on Wednesday directed the Cuddalore Collector to remove the Nainarkuppam village panchayat president and council members for adopting a resolution to cancel the patta given to transpersons in the village.
Delivering the order, Justice SM Subramaniam also directed the State government to initiate all appropriate steps to grant reservations to the transgender community in local body elections as an initial measure to bring them into mainstream society.
The Collector was also told to ensure that transpersons were allowed to participate in village festivals, ceremonies and are permitted to conduct worship in all religious institutions. Further, the judge directed the Cuddalore Collector to ensure that the transpersons were granted free house site patta based on their eligibility.
Justice Subramaniam also observed that the members of the transgender community were often abused by their own family and face ill-treatment at the hands of certain members of the society. More often than not, their voices are not heard, he added.
Though the State was taking measures to implement welfare measures by bringing in legislation and policies to support the community, the bottom rung of the executive structure failed to implement these welfare schemes in letter and spirit, criticised the judge.
The court also wondered whether social injustice been washed away from the society after 76 years of independence. “Why are we unable to remove this social injustice? Why are we not able to accept the differences within us? The answer is that the mind is failing to accept the truth which our conscience already knows,” he said.
No one should make another person feel less accepted in the society, which is the worst form of discrimination, added the judge.
On April 7, the Nainarkuppam village panchayat council adopted a resolution to cancel the patta given by the government to the transpersons in the village. Panchayat president ND Mohan moved the High Court seeking a direction to the Collector to act on the representation to cancel the patta. However, Justice Subramaniam refused to entertain the petition and instead ordered the sacking of the whole council, including the president.