The High Court of Jammu and Kashmir and Ladakh recently addressed two Public Interest Litigation (PIL) petitions concerning rights and welfare of the transgender community in the Union Territories. They have sought enforcement of rights under the Supreme Court landmark National Legal Services Authority (NALSA) judgment declaring transgender persons as a third gender and recognizing equality with non-discrimination towards such a person. With this regard, the court has sought responses from the government regarding reservations and other welfare measures extended to the transgender community in the Union Territories of Jammu and Kashmir and Ladakh.
BACKGROUND
The case arises out of the larger context of transgender rights in India, with emphasis on implementing the Supreme Court’s NALSA ruling declaring transgender persons as the third gender and mandated their right to equality and non-discrimination. The petitioners submitted that even after the above judgment, there is no concrete welfare measure or schemes for transgender persons in the Union Territory of Jammu & Kashmir and Ladakh. They also highlighted how no reservation policies exist along with economic assistance or adequate access to medical care for this marginalized group.
KEY ASPECTS
- The High Court asked whether any reservations have been made for the transgender community in the areas of public employment and education in the Union Territories.
- The Election Commission of India and the Unique Identification Authority of India (UIDAI) assured the Court that indeed, all necessary arrangements had been made for transgender persons to vote as well as get Aadhaar cards with no.
- The court ordered measures by which transgender persons would have access to education and employment, with a focus on replicating welfare schemes from other states.
- The court pointed out the fact that transgender people must be given non-discriminatory medical treatment on equal terms. Hence it ordered that no hospital, physician, or police personnel must deny them the same treatment.
- Despite these directions given by the court, it was pointed out that several of the orders had not yet been implemented. The court also asked the government to file reports regarding what progress had been done in this respect.
- A committee was established to identify the number of transgender persons in the region and address their concerns. Further, the court has sent a report calling for proper report on the committee’s efforts and hospitals that are giving treatment to the transgender persons.
- The court also inquired about the development of pension schemes for the transgender community to help the community improve their economic welfare.
CONCLUSION
The intervention of the High Court throws light on the continued struggle for transgender rights and proper implementing measures for the NALSA judgment’s directives in the Union Territories of Jammu & Kashmir and Ladakh. This case underlines a demand for accountability from the government towards welfare measures and protections available for transgender individuals. The court has scheduled the next hearing for December 4, 2024, expecting detailed updates on the formation of welfare schemes, reports on findings of the committee and implementation of court directives. The judgment is going to be a landmark decision in the protection and promotion of rights for transgender persons for the region.
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WRITTEN BY- TEJASRI RAO
