Supreme Court Seeks Responses Of Union & States On Plea To Establish Transgender Welfare Boards

The Supreme Court today directed the Union Government and States and Union Territories, who have not entered appearance, to file an affidavit within 8 weeks on a Public Interest Litigation seeking the establishment of the Transgender Welfare Boards.

A bench of Justices Hrishikesh Roy and S.V.N. Bhatti was hearing a PIL filed by Kinner Maa Eksamajik Sanstha Trust seeking the establishment of the Transgender Welfare Board to address social welfare issues of a trans person and to appoint a Standing Committee in order to investigate reports of abuse against the trans person by the police.

At the outset, Advocate Narender Kumar Verma submitted that Tamil Nadu, Maharashtra, Assam and Uttar Pradesh have already constituted Transgender Welfare Board but they still have not allotted the funds. 

It was pointed out that an office report has been filed where it has been found that many States and Union Territories have yet to enter appearance. Union Government has also not filed an affidavit. 

Counsel for the State of Goa, who was present during the hearing, sought some time to file the affidavit. 

The Court accordingly directed the Union and concerned States and Union Territories to file the affidavit in 8 weeks. 

Background

The plea highlights the suffering and harassment that trans people have to go through in matters of housing, health, education and employment, thereby depriving them of social and cultural participation.

"The discrimination suffered by them emanates from the social stigma and isolation that they suffer from lack of resource which were provided for transgender people. The transgender community faces stigma and discrimination and therefore has fewer opportunities as compared to others", states the plea.

Due to this lack of participation and social ostracization, trans people are subjected to restricted access to education, health care and public places which further deprive them of the Constitutional guarantee of equality before law and equal protection from laws. Despite the passing of the Trans Act, the problems faced by this community has only been partially addressed and there has been no initiative from the State to fulfil its intention of protecting basic rights that are accorded to everyone.

The plea then goes on to underline that "living without fear of discrimination and violence and being supported and affirmed in being who they are is critical for allowing transgender people to live healthy, safe and fulfilling lives".

It is then submitted that there exist various contradictions in the Trans Act, which was passed in pursuance of the Supreme Court's directions in the historic NALSA judgment, such as bestowing power on the District Magistrate to recognize a person as trans (the judgment allowed self-identification of gender), and how, to identify as male or female, one must supply proof of surgery to the Magistrate (the judgement states that insistence on sex reconstruction surgery is illegal).

"India's parliament passed a bill 2019 to protect transgender rights, but the new law is inadequate on several fronts. Trans activists and allied human rights groups have critiqued the various trans rights bills since the first one was introduced in 2016. In the end, lawmakers failed to consider the concerns the activists raised. As a result, India's new law will violate the rights of trans people rather than respect and uplift long-persecuted communities".

In light of the above, the plea prays for the establishment of a Transgender Welfare Board to address social welfare issues of a trans person, and for the appointment of a Standing Committee comprising Station House Officers and human rights and social activists to promptly investigate reports of gross abuse by the police against trans persons.

Case Details: KINNER MAA EKSAMAJIK SANSTHA TRUST v.  UNION OF AND ORS., W.P.(C) No. 319/2021

Appearances: PIL drafted by Advocate CR Jaya Sukin and filed by Advocate Narender Kumar Verma