Essential To Ensure Transgender Welfare Board Has Teeth, It Holds Meetings Frequently: Punjab & Haryana High Court

The Punjab and Haryana High Court recently stressed the need to ensure that Transgender Welfare Board acquires teeth and it does not remain like a cosmetic feature. The Court also observed that the Board Meetings should be held more frequently.

The bench of Justice Sudhir Mittal observed this while dealing with a petition filed by a transgender student, pursuing a post-graduate course at the Panjab University, who was aggrieved by the non-availability of proper hostel accommodation in the University.

Taking note of the facts and circumstances of the case, the bench noted that though the petitioner had been housed in the Working Women's Hostel which has temporarily taken care of the situation, the larger issue of discrimination still remained to be addressed.

"Due to the non-availability of hostel facilities, the right of the petitioner against discrimination was violated as was the right to acquire education at par with others," the bench remarked.

Importantly, the Court noted that the petitioner had submitted complaints in this regard to the Union Territory Administration, Chandigarh but no relief was granted and, thus, the court stressed, it was essential to ensure that bodies such as the Transgender Welfare Board of UT acquire teeth and do not remain cosmetic features.

Further, the Court also reviewed the working of the Transgender Welfare Board, Chandigarh and noted that though it had been constituted in 2017 i.e. prior to the passing of the Transgender Persons (Protection of Rights) Act, 2019, it could hold a total of only seven meetings to date.

Taking note of the initiatives taken up by the board, the Court also observed that it was essential for the board to hold the meeting frequently so that issues likely to arise in the future can be anticipated. 

Consequently, adjourning the matter to December 15, 2022, the Court directed the Chairman of the Transgender Welfare Board to be present in person in Court on the next date of hearing.

It may be noted that as per section 10 (1) of the Transgender Persons (Protection of Rights) Rules, 2020, the Governments have been mandated to constitute a welfare board for transgender persons for the purpose of protecting their rights and interests of, and facilitating access to schemes and welfare measures framed by the Government.

Case title - Yashika alias Ashish Kumar vs. Panjab University, Chandigarh and others [CWP-5782-2022]

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