Aastha Pareek
In a significant legal development concerning transgender rights, the Jammu & Kashmir High Court has directed the Union Territories of Jammu & Kashmir and Ladakh to submit a comprehensive status report on the implementation of policies aimed at protecting the rights of transgender individuals. The directives came during a hearing in response to a Public Interest Litigation (PIL) that seeks the enforcement of the Supreme Court’s landmark judgment in National Legal Services Authority v. Union of India & Ors. (2014), commonly known as the NALSA case.
The NALSA judgment recognized transgender persons as a third gender and mandated that affirmative actions, including reservations in education and employment, be extended to this marginalized community. The petitioners in the PIL highlighted the ongoing challenges faced by transgender individuals in Jammu & Kashmir, citing instances of social exclusion, discrimination, and denial of basic rights such as access to education and employment.
The bench, headed by Chief Justice Kotiswar Singh and Justice Moksha Kazmi Khajuria, emphasized the need for urgent action and expressed concern over the lack of progress despite numerous court orders on the matter. The petitioners’ counsel pointed out that the directives from previous hearings had not been effectively implemented, leaving the transgender community vulnerable to continued marginalization and deprivation of their constitutional rights.
During the proceedings, the court reiterated the obligations placed on both state and central authorities by the Supreme Court’s NALSA ruling, which calls for proactive steps toward social inclusion, including reservations and legal recognition of transgender persons. The Court instructed the authorities to provide a detailed report on the actions taken so far and invited the petitioners to offer further suggestions to ensure full compliance with the judgment.
The Court has scheduled the next hearing for July 19, 2024, signaling its commitment to ensuring that transgender individuals in Jammu & Kashmir and Ladakh receive the protections and opportunities guaranteed under the Constitution. This case continues to highlight the judiciary’s role in promoting social justice and enforcing the fundamental rights of marginalized groups, with a particular focus on Articles 14 and 21 of the Constitution, which safeguard equality and the right to live with dignity for all citizens.
Case Name:- National Legal Services Authority v. Union of India & Ors.
Case Number:- Writ Petition (Civil) No. 400 of 2012.
Bench:- Chief Justice Kotiswar Singh and Justice Moksha Kazmi Khajuria
Click here to access the order.