Supreme Court Refuses To Entertain Plea To Waive Bar Council Enrolment Fees For Transgender Persons

The Supreme Court on Friday refused to entertain a petition seeking to direct the Bar Council of India to waive enrolment fees for transgender persons. The matter was heard by a bench comprising CJI DY Chandrachud and Justice PS Narasimha.

At the outset, the petitioner submitted that transgender persons belonged to the most marginalised community of the country and required assistance in form of fee waivers. However, the bench was not convinced with the same. CJI DY Chandrachud remarked–

"You can't say that don't charge enrolment fee! Then why just transgender persons? Why not extend this to women, disabled and marginalised persons? You must understand the parameters of judicial review."

CJI Chandrachud also stated that if enrolment fee waivers are allowed for Bar Council enrolment, such fee waivers must also be extended to other fields such as the medical field. Further, he reiterated that parameters of judicial review did not allow the court to pass such orders. The bench, thus, did not see any merit in the petition and advised the petitioner to withdraw the petition and file appropriate representation before the Bar Council of India.

Accordingly, the petition was dismissed as withdrawn.