The Madras High Court has directed the Tamil Nadu government to make a clear decision regarding the provision of horizontal reservation for transgender and intersex individuals in public employment and educational institutions. Justice N. Anand Venkatesh, presiding over the case, expressed that it remains unclear whether the government intends to grant this long-standing request from the community, which has been highlighted in numerous previous court orders.

The court's direction came during the hearing of a petition that initially sought protection for a lesbian couple facing threats from family members. Over time, the case evolved into a broader legal proceeding focused on advancing the rights and welfare of gender and sexual minorities in Tamil Nadu.

Justice Venkatesh noted the Tamil Nadu State Policy for Transgender Persons, 2025, which came into effect on July 31, 2025, and commended the government for implementing it. Tamil Nadu is the seventh state to introduce such a policy for transgender and intersex persons. The policy addresses critical aspects of life, safety, health, education, and employment for these communities.

However, the court also pointed out an ambiguity within Clause 3.7 of the policy, which refers to the "Right to Representation in Employment and Educational Institution". The court seeks clarity on whether this clause translates into the provision of horizontal reservation, a persistent demand from the transgender and intersex communities. To ensure the policy's effective implementation, the court has instructed the state government to guarantee representation of at least one transwoman, transman, and intersex person in the district-level committees. The government must also issue necessary modifications in this regard.

The Madras High Court has also called upon the state authorities to issue directives to registrars to facilitate the registration of marriages involving transgender or intersex persons. While the Supreme Court has already recognized the legal validity of these unions, challenges persist during the registration process.

Furthermore, Justice Venkatesh urged the Tamil Nadu government to expedite the formulation of a separate policy for the broader LGBTQIA+ community. The Additional Public Prosecutor has said that this policy is currently under process.

The court hopes that the Tamil Nadu government will make a decision regarding horizontal reservation to prevent transgender and intersex individuals from having to repeatedly petition the court for reservation in public employment and educational institutions. The case has been adjourned for further hearing on September 15.