Jharkhand High Court Orders Constitution Of Transgender Welfare Board In Two Weeks, Says Pending Since 5 Years

The Jharkhand High Court has directed the State government to expedite the constitution of a Transgender Welfare Board, emphasizing the importance of addressing the needs of the transgender community.

The directive came in response to a counter affidavit filed by the State highlighting various beneficial actions taken for the welfare of transgender individuals.

However, the court noted that despite the enactment of the Transgender Persons (Protection of Rights) Rules, 2019 five years ago, the constitution of the Welfare Board remains pending.

The division bench comprising Justices Sujit Narayan Prasad and Arun Kumar Rai observed, “The question herein is that when the legislation has been made to take care of Transgenders by promulgating the Rules as Transgender Persons (Protection of Rights) Rules, 2019 which is five years back, but still the stand of the State of Jharkhand is that the issue of constitution of Welfare Board for the Transgenders as mandated under Rule, 2019 based upon the judgment passed by the Hon'ble Page 2 Apex Court in the case of National Legal Services Authority v Union of India and Others (Supra), is still under consideration.”

“This Court considers it unfortunate on the part of the State of Jharkhand that even though the Transgenders are the third gender in the society but still the stand of the State of Jharkhand is that the issue of constitution of Transgender Welfare Board is under consideration.”

In its order, the court directed the Jharkhand State Legal Services Authority (JHALSA) to be impleaded as a respondent in the proceeding. It further instructed the Member Secretary of JHALSA to file an affidavit seeking reports from the respective Secretaries of the District Legal Services Authority (DALSA) to verify the availability of the beneficial schemes mentioned in the state's counter affidavit across various districts of Jharkhand.

Regarding the constitution of the Transgender Welfare Board, the court ordered the state to establish it within two weeks from the date of the directive.

The matter is scheduled to be heard again on May 14, 2024.

Case Title: Jharkhand Trans Collective Versus The Chief Secretary, State of Jharkhand & Another

Click Here To Read / Download The Order