Enhance Economic Support To Members Of The Transgender Community: Patna HC Asks State Government [Read Order]

The Division Bench of Justice Sanjay Karol and Justice S. Kumar issued this order in a petition highlighting the pitiable state of affairs of the transgender in the state. Allegedly, the community is ostracized, more so in times of the current outbreak of Pandemic Corona Virus.

Significantly, the Court remarked,

"For economic sustenance, noticeably at this point of time, the Government is extending financial support to Rs.1500/- per person, perhaps, which amount should be increased considering the total members of the transgender community in Bihar not more than 40,000." (emphasis supplied)

It may be noted that on the request of the Court, for verification as to whether information with regard to the setting up of COVID-19 Helpline for transgender was functional or not, as pleaded in the counter affidavit filed on behalf of respondent No.5, i.e., Ministry of Social Justice and Empowerment, the Additional Solicitor General made a telephone call on Helpline No. 7016139648.

Further, on the request of the Court, the Additional Solicitor General had a conversation with the person attending the call at the said number.

As per the conversation, on an average, daily one or two calls are being received on this number and in the last one week, only six calls were received. The nature of the complaints being financial and psychological hardship which the persons are facing during the tenure of COVID-19.

The matter has been posted for further hearing on 21.9.2020.

The previous orders of the Patna HC related to this PIL

Earlier, the Patna High Court had issued notice to the Government of Bihar on this petition regarding financial assistance to be provided to the transgender community in view of their deplorable condition in the wake of national lockdown imposed due to the COVID-19 pandemic.

Further, the Patna High Court on 20^th May had directed the Government to ensure that the persons belonging to the Transgender community are not deprived of food grains distributed under the social security schemes, solely for not possessing a ration card.

On 27^th August, the Patna High Court had sought a report from the Central as well as the State Government, delineating the steps taken by them to implement the welfare provisions contained under Transgender Persons (Protection of Rights) Act, 2019.

The Division Bench comprising Chief Justice Sanjay Karol and Justice S. Kumar had also asked the Government to show steps taken for compliance with the implementation of the directions issued by the Supreme Court in National Legal Services Authority v. Union of India.

Notable orders of other High Courts

Notably, the High Courts of Karnataka, Jharkhand and Telangana have also ordered the Government to ensure that the Transgender community is provided adequate protection and benefits during the lockdown.

In the month of May, a petition was also filed in the Kerala High Court seeking protection of the community against discrimination in the grant of relief measures during the lockdown.

In the month of June, the Bombay High Court had directed the Principal Secretary to the State Social Justice and Special Assistance Department to consider and dispose of within a fortnight, concerns expressed by an activist working for the transgender community, regarding the plight of the members especially after the lockdown and seeking directions for formulation of a welfare scheme for the 40,000 members of the community in the State.

Recently, the Karnataka High Court has directed the State Government to take steps for implementation of the relevant provisions of the Transgender Persons (Protection of Rights) Act, 2019 and also extend all kinds of the reservation to members of the community.

In the month of July, the Karnataka High Court had sought a reply from the state government on why it has not included a separate category for the transgender community in its notification for recruitment to the post of Special Reserve Constable Force and Bandsmen.

Case Details:

Case Title: Veera Yadav v. Government of Bihar & Ors.

Case No.: CWJC No. 5627/2020

Quorum: Chief Justice Sanjay Karol and Justice S. Kumar

Appearance: Advocates Akash Keshav, Shaswat and Deepak Kumar Singh (for Petitioner); ASG KN Singh, CGC Ratnesh Kumar and Govt Advocate Ajay (for Respondents)