Shreya Gupta
The Supreme Court has granted non-compliant states six weeks to respond to a PIL seeking the establishment of Transgender Welfare Boards. The bench issued the order noting that multiple adjournments had already been given to these states.
The court highlighted that while some states have set up Transgender Welfare Boards, others are yet to comply. It warned that if responses are not filed within the stipulated six weeks, the defaulting states would face a penalty of Rs. 20,000, which would be deposited with the respective Legal Services Authority.
The plea for establishing welfare boards and investigative committees is a step in the right direction. However, addressing systemic discrimination requires more than legal provisions. It calls for a societal shift, supported by awareness campaigns, education, and grassroots advocacy. The government must also engage directly with the transgender community to create policies that reflect their lived experiences and aspirations.
The PIL emphasizes the hardships and discrimination faced by transgender individuals in housing, healthcare, education, and employment, which hinder their social and cultural participation. It highlights that societal stigma and isolation deprive them of constitutional rights like equality and protection under the law. Despite the enactment of the Transgender Persons (Protection of Rights) Act, 2019, many issues remain unaddressed, with no significant state initiatives to protect their basic rights.
The plea critiques contradictions in the Act, such as requiring District Magistrate’s approval for gender identity and mandating proof of surgery to identify as male or female, which violates the Supreme Court’s NALSA judgment affirming self-identification and rejecting the need for surgery. Activists have criticized the law for inadequately addressing concerns and potentially infringing on trans rights.
The petitioner calls for establishing Transgender Welfare Boards to address welfare issues and forming Standing Committees with police officers and human rights activists to investigate abuse against transgender individuals. These measures aim to reduce violence and discrimination while ensuring trans persons live fulfilling lives without fear.
Case Title: Kinner Maa Eksamajik Sanstha Trust v. Union & ors.
Case Number: W.P.(C) No. 319/2021
Bench: Justices Hrishikesh Roy and SVN Bhatti