Plea Seeking COVID Cash Relief To Transgender Persons Not Holding Ration Cards: Madras High Court Seeks Govt's Response

The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy issued the notice after hearing Senior Advocate Jayna Kothari, who appeared along with Advocate On Record Prabhu Chinnaswamy.

The public interest litigation (PIL) petition has been filed by a Transgender rights activist, Grace Banu Ganeshan, highlighting that most Transgender persons in Tamil Nadu do not possess ration cards.

Averments in the plea

In the plea, it has been submitted that there are more than 50,000 Transgender Persons in the State of Tamil Nadu, however, the Social Welfare Department claims that only 11,449 Transgender Persons have been identified in the survey conducted by and out of the said 11,449 transgender persons, only 2541 Transgender Persons were issued a Ration Card.

Further, the plea states that a scheme is in place to provide Covid19 cash relief of Rs.4000/- to those people who are having ration cards.

"Limiting this cash relief only for persons who possess ration cards would deny the benefit of cash relief to thousands of poor transgender persons in Tamil Nadu who does not having Ration Card…" adds the plea.

Alleging that over the last two years, transgender persons in Tamil Nadu are not even being issued Transgender Identity Cards, the plea argues that the authorities,

"Failed to consider the right to life and livelihood of socially and economically backward Transgender Persons who have lost their livelihood due to the Covid19 lockdown imposed by the Government of Tamil Nadu."

The plea also submits that the Transgender Community are illiterate and hardly have enough knowledge to use online portal for getting Transgender Identity Card as per the above said new law.

Further averments

• No steps taken to issue guidelines or awareness programs to take into the confidence of the Transgender Community and their unique needs since some of the Transgender Persons would be on Hormone Therapy and some might be going through (Sex Reassignment Surgery) SRS surgery.
• No steps are taken to come up with awareness programme or special arrangement to cater to the needs of the HIV+ Transgender Persons, who are vulnerable to the Covid19 Pandemic.
• transgender persons face discrimination, prejudice, and violence from all sections of society, from the police and face lack of access to medical facilities, health care and housing.
• Transgender persons also face socio-economic disadvantages due to their low levels of education and consequently limited access to employment opportunities
• Need to ensure that the Transgender person requirement's including HIV+ transgender person's health are protected from Covid19 second wave by making appropriate provision of Covid19 vaccination doses

Prayers in the plea

• Extend Covid-19 cash relief Rs.4000/- to transgender persons in Tamil Nadu who do not possess Ration Cards
• Direct that the first installment of Rs.2000/- of cash relief to be paid in the month of May 2021 under the G.O.(Ms) 37 dated 07.05.2021 is also paid to transgender persons who do not have ration cards, either on the basis of their transgender identity cards or any other government ID;
• To conduct awareness programmes for Transgender Persons in the State of Tamil Nadu regarding Covid-19 Vaccination, especially to clarify and assure them on the safety of vaccines for those who are undergoing hormone therapy and other treatment; and
• To conduct special vaccination drivers for transgender persons in Tamil Nadu by assisting them to register online and get special vaccination slots in local community health centres.

The matter has now been listed for further hearing on May 27.