The Madras High Court has observed that the absence of patience and tolerance in society cannot justify denying transgender persons their dignity. They are entitled to be accepted as equals, as members of families, and as participants in the common destiny of the nation. Justice K K Ramakrishnan made these remarks while directing the state government to formulate a comprehensive rehabilitation scheme for transgender persons at the taluk level. The scheme should ensure avenues for self-employment and sustainable livelihood, restore dignity, and ensure meaningful inclusion in society along with welfare schemes tailored to their specific needs.
Background of the Case
The court was hearing an anticipatory bail petition filed by YouTuber V Sarathkumar, who published a video concerning an incident of self-immolation by a transgender person within the precincts of Srivilliputhur Town police station in Virudhunagar district. The prosecution alleged that the petitioner incorrectly projected that police collected details of transgender persons based on complaints that they were extracting money from the public through coercive means. During the relevant period, one transgender person committed self-immolation and succumbed to injuries in January. Based on the video, police registered a case against the petitioner.
Court's Observations
Justice Ramakrishnan observed that the court cannot remain oblivious to the tragic incident of self-immolation, which shocks the judicial conscience. Members of the transgender community continue to face entrenched social stigma, resulting in deprivation of basic dignity and meaningful livelihood opportunities. Transgenders are also children of God. They are not strangers to our social fabric, and the tragedy is not in their birth, it is in the blindness of society, which, by exclusion and prejudice, has driven them into conditions of extreme marginalisation such as being driven to beg on the streets or to engage in activities inconsistent with societal norms merely to secure their livelihood and thereby deepening their vulnerability.
Failure of Society's Collective Conscience
There is a total failure of society's collective conscience to embrace diversity with empathy. The Supreme Court, taking judicial notice of the social exclusion and psychological distress suffered by transgender persons, issued a series of binding directions to secure their constitutional rights. It was brought to the notice of the court that the directions issued in 2014 have not been effectively implemented in their true spirit. Consequently, in order to remedy this situation, the court deemed it appropriate to issue certain directions to the state government to formulate a comprehensive rehabilitation scheme for transgender persons at the taluk level.
Directions Issued
The judge directed the chief secretary to coordinate with all relevant departments to ensure effective and time-bound implementation of the measures and file a detailed compliance report on or before July 26. The matter was posted for reporting compliance on August 3. The judge granted anticipatory bail to the petitioner on certain conditions.
This ruling underscores the need for society to embrace diversity with empathy and ensure that transgender persons are not denied their fundamental rights. The court's intervention aims to restore dignity and provide sustainable livelihood opportunities for the transgender community, addressing the deep-rooted social stigma and marginalisation they face.
