Formulate rehabilitation scheme for transgender persons: HC

Madurai: The absence of patience and tolerance in society cannot be a ground to deny transgender persons dignity; they are entitled to be accepted as equals, as members of families, as participants in the common destiny of this nation, Madras high court has observed.Justice K K Ramakrishnan made the observations while directing the state govt to formulate a comprehensive rehabilitation scheme for transgender persons at the taluk level, ensuring avenues for self-employment and sustainable livelihood and to restore dignity and ensure their meaningful inclusion in society along with necessary welfare schemes tailored to their specific needs.The court was hearing the anticipatory bail petition filed by YouTuber V Sarathkumar, who published a video on digital media concerning an incident of self-immolation by a transgender person within the precincts of Srivilliputhur Town police station in Virudhunagar district.The case of the prosecution is 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.Justice Ramakrishnan observed that the court cannot remain oblivious to the tragic incident of self-immolation, which shocks the judicial conscience. The 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. 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 is 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 deems it appropriate to issue certain directions to the state govt to formulate a comprehensive rehabilitation scheme for transgender persons at the taluk level, the judge observed.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 Aug 3. The judge granted anticipatory bail to the petitioner on certain conditions.