Hon’ble Thiru R. Nirmalkumar Minister for Energy Resources and Law Government of Tamil Nadu Chennai – 600 009 Subject: Proposal for Providing Horizontal Reservation to the Transgender Community and Withdrawal of the Government Appeal in Rakshika Raj v. State of Tamil Nadu Respected Sir,

To

Hon’ble Thiru R. Nirmalkumar
Minister for Energy Resources and Law
Government of Tamil Nadu
Chennai – 600 009

Subject: Proposal for Providing Horizontal Reservation to the Transgender Community and Withdrawal of the Government Appeal in Rakshika Raj v. State of Tamil Nadu

Respected Sir,

I respectfully submit this representation seeking the intervention of the Government of Tamil Nadu to ensure substantive equality for the transgender community through the implementation of horizontal reservation in education and public employment.

The Hon’ble Supreme Court, in NALSA v. Union of India (2014), recognised transgender persons as a socially and educationally backward class and directed Governments to take affirmative measures, including reservation, to achieve substantive equality. This constitutional mandate is founded on Articles 14, 15, 16, 19, and 21 of the Constitution of India.

Further, the Hon’ble Madras High Court in Rakshika Raj v. State of Tamil Nadu (W.P. No. 6967 of 2022) recognised the need for effective reservation measures for transgender persons and issued directions in furtherance of their constitutional rights. The judgment is consistent with the principles laid down by the Hon’ble Supreme Court in NALSA.

In these circumstances, I humbly request the Government of Tamil Nadu to:

1. Withdraw the Government appeal filed against the judgment in Rakshika Raj v. State of Tamil Nadu, thereby affirming the State’s commitment to the constitutional rights of transgender persons.
2. Introduce Horizontal Reservation for the Transgender Community across all categories in education and public employment through appropriate legislation or Government Orders.
3. Constitute a committee with representatives from the transgender community, legal experts, and government departments to recommend the implementation framework.
4. Ensure that all recruitment agencies and educational institutions implement the reservation policy uniformly and without discrimination.

Tamil Nadu has consistently been a pioneer in advancing the rights and welfare of transgender persons. Implementing horizontal reservation and withdrawing the appeal would reaffirm the State’s commitment to social justice, equality, and constitutional values.

I therefore earnestly request your kind consideration of this proposal and appropriate action at the earliest.

Yours faithfully,

Rakshika Raj B.sc Nursing
Trans rights Activist