Allahabad High Court Seeks Responses Of UOI, UP Govt On PIL To Formulate 'UP Transgender Policy'

The PIL plea filed by the 'Kinnar Shakti Foundation' (through its president, Shubham Gautam) also seeks prompt implementation of the Transgender Ayushman TG Plus Card Scheme with an effective outreach and awareness program and establishment of Transgender Protection Cell in the State.

The PIL plea further seeks proper allocation of resources for the establishment and operation of Garima Greh facilities throughout the state, formulation of comprehensive policies to address the healthcare needs of transgender individuals in the State, installation of Transgender Toilets, and to provide admission to the people of the Transgender community in educational institutions and recruit the Transgender persons in government sectors through special drives by running a special campaign.

Hearing the PIL plea last week, a bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar directed the respondent parties to file their response in four weeks. The matter has now been listed for a hearing on October 16.

The PIL plea, filed through Advocate Ray Sahab Yadav, contends that in India, there are a host of socio-cultural groups of transgender people like hijras/ kinnars, and other transgender identities like – shiv-shaktis, jogtas, jogappas, Aradhis, Sakhi, etc who face 'severe discrimination and harassment' in all respects and they are subjected to 'unfair treatments' like verbal abuse, physical and sexual violence; false arrests; denial of share in their ancestral property, services, and admission to educational institutions; and victimization in multiple settings like family, educational institutions, workplace, health care settings, public spaces.

“Seldom, our society realizes or cares to realize the trauma, pain and agony which the members of Transgender community neither undergo, nor appreciates the innate feelings of the members of the Transgender community, especially of those whose mind and body disown their biological sex,” the PIL plea submits.

The PIL plea argues that the primary reason (and consequence) of the exclusion is the lack of (or ambiguity in) recognition of the gender status of hijras and other transgender people, and this is a critical barrier that often prevents them from exercising their civil rights in their desired gender.

“Transgender people in India face a variety of issues. This discrimination not only denies TG people equal access to key social goods, such as employment, health care, education and housing, but it also marginalizes them in society and makes them one of the vulnerable groups who are at risk of becoming socially excluded,” the PIL plea submits.

Against this backdrop, the Public Interest Litigation (PIL) states that the petitioner organisation has submitted multiple representations to various authorities and high-ranking officials, seeking appropriate relief in nearly all aspects of life affecting transgender individuals, including health, legal assistance, education, sanitation, food, and recreational facilities.

Despite these efforts, the PIL plea adds, no satisfactory responses have been received, and no meaningful steps have been taken to implement the objectives and purpose of the Transgender Persons (Protection of Rights) Act, 2019.

In view of this, the PIL plea further states that it has moved the High Court seeking various reliefs as aforesaid.