The Gauhati High Court is of the view that the an effort should be made by all concerned, so as to find out ways and means for suitably addressing the grievance of the members of the Transgender community within the legal framework existing in the country and in furtherance of the scheme(s) framed by the Central Government and the State Government, to that end.
The Division Bench of Chief Justice Suman Shyam and Justice Mridul Kumar Kalita heard a Public Interest Litigation (PIL) filed pertaining to the alleged apathy on the part of the various authorities, in their failure to address the medical needs of the members of the Transgender community living in Assam, more particularly, extending the facility of reconstructive surgery.
The petitioner submits that although there is a Central Government scheme permitting the members of the community to avail the benefits of reconstructive surgery, due to lack of proper guidelines and clear instructions, neither the Central Government nor the State Government of Assam is coming forward with any concrete step so as to redress the grievance of the transgender community in this regard.
The petitioner has further submitted that due to such confusion prevailing in the matter, not only the rights guaranteed under Section 15(g) of the Transgender Persons (Protection of Rights) Act, 2019 but even the fundamental right of the members of the community as guaranteed under Article 21 of the Constitution of India is being violated.
After hearing the submission of the petitioner and after going through the materials placed on record, “we are of the view that the concern raised in this petition is of serious nature and calls for immediate attention of the concerned authorities. Instead of treating this as adversarial litigation, an effort should be made by all concerned, so as to find out ways and means for suitably addressing the grievance of the members of the Transgender community within the legal framework existing in the country and in furtherance of the scheme(s) framed by the Central Government and the State Government, to that end.”
The matter is listed further on 26.09.2024 for further consideration.
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