Gauhati High Court Asks Assam Govt If It Has Implemented Union Health Ministry's SOP On Medical Facilities For Transgender Persons

The Gauhati High Court on Tuesday (January 07) directed the Assam Government to inform whether the Standard Operating Procedure (SOP) issued by the Union Ministry and Health & Family Welfare regarding treatment and other medical facilities to be provided to the transgender community, has been implemented in the State.

The Court was hearing a PIL filed by Advocate Swati Bidhan Baruah raising the issue of 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 submitted an additional affidavit stating that the Union Health Ministry has issued a SOP on September 03, 2024 in relation to the medical treatment and other medical facilities, etc. to be provided to the transgender community and the State Government is required to implement the said SOP.

The division bench comprising the Chief Justice Vijay Bishnoi and Justice Kaushik Goswami observed:

“Learned counsel appearing for the respondent government department is directed to file response to the above-referred additional affidavit dated 06.01.2025, clarifying whether the SOP dated 03.09.2024 issued by the Ministry and Health & Family Welfare Department, Government of India, has been implemented in the State of Assam, or not.”

The Court further directed the State to provide details regarding the measures taken by the Government of Assam in terms of the provisions of the Transgender Persons (Protection of Rights) Act, 2019.

The matter is listed again on March 03.

Case Title: Swati Bidhan Baruah v. The State of Assam & 2 Ors.

Case No.: PIL/74/2018

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