A year after the setting up of the welfare board for the third gender, the Jammu and Kashmir and Ladakh High Court issued a fresh directive to both the Union Territories regarding the rights of transgenders.
The High Court asked the governments of both the UTs to prioritize the rights of transgender individuals.
The Court issued directions while hearing a Public Interest Litigation (PIL) filed by some organizations seeking recognization and protection of the rights of the transgender community in the erstwhile state of Jammu and Kashmir.
The Bench presided over by Chief Justice Kotiswar Singh and Justice Moksha Kazmi Khajuria, listened to the plea advocating for the rights of transgender individuals in Jammu and Kashmir and Ladakh. The petitioners emphasized the need for these territories to align with the directives of the Supreme Court, as outlined in the case of the National Legal Services Authority vs. Union of India & Ors (2014).
Highlighting the plight of transgender women in the region, the petitioners underscored the social challenges faced by this marginalized community. They expressed concern about the low level of social recognition, as well as the derogatory treatment and stigmatization they encounter in their daily lives.
Court asks authorities to file updated compliance reports regarding earlier orders
During the hearing, the petitioner's counsel brought to the Court's attention the numerous orders previously issued in the matter, expressing concern over their lack of implementation.
Acknowledging this argument, the bench observed, "Several directions have been issued by this court on various occasions. However, there is no record of the steps taken by the State authorities, although it has been claimed that various measures have been undertaken."
The Court directed both the Union Territories to furnish an updated compliance report, outlining the progress made in ensuring the rights of transgender individuals. Additionally, the petitioners were requested to submit suggestions regarding the necessary steps to be taken by the authorities involved. The court has scheduled the next hearing for July 19, signifying its commitment to advancing the cause of transgender rights in the region.
Transgender Welfare Board set up in 2022
On July 12, 2022, Jammu and Kashmir's administration had announced the constitution of a transgender welfare board to protect the rights and interests of the minuscule population.
According to the 2011 census, the total population of transgenders in Jammu and Kashmir was 4,137. As per an official order, Chief Secretary will head the 13-member transgender welfare board.
"In terms of Clause 10 (1) of the Transgender Persons (Protection of Rights) Rules, 2020, a sanction is hereby accorded to the constitution of the Transgender Welfare Board for the protection of rights and interests of transgender persons thereby facilitating their access to government schemes and welfare measures in the Union territory of Jammu and Kashmir," reads the order issued on the directions of the Lt Governor Manoj Sinha.
Administrative secretaries of various departments including home, finance, health and medical education, school education department, social welfare department, department of law, justice and parliamentary affairs, Director General Social welfare Kashmir and director social welfare Jammu were nominated as members of the board.
In addition, four prominent citizens – two each from Kashmir and Jammu divisions – were nominated as members of the board.
