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Govt's failure to comply with SC directions grave injustice to transgender community: HC
3/28/2019 10:31:32 PM
Early Times Report
Srinagar, Mar 28: The Jammu and Kashmir High court has said that failure of state government to take effective steps to comport with specific directions made by the Supreme Court is resulting in grave injustice to the transgender community in the state.
"It is to be noted that the failure of the respondents to take effective steps to comport with specific directions made by the Supreme Court is working, grave injustice is resulting to the transgender community which is being deprived of various rights which have been considered as essential concomitants of the right to life guaranteed to all citizens under Article 21 of the Constitution of India," a division bench of the court comprising Chief Justice Gita Mittal and Justice Rajesh Bindal while hearing a Public Interest Litigation.
Given the importance of the matter and the denial of rights to a large number of residents of J&K State, the court said: "we are of the view that this matter be placed before the Chief Secretary of the State of J&K who shall ensure that the matter is addressed in right earnest."
The direction by the court followed submissions by Ms. Kazmi, amicus curie, who pointed out the denial of protection of the health, entitlement of education facilities, right to vote, entitlement to driving license, equality in job opportunities apart from benefits under the several schemes which have to be worked by the Department of Social Welfare amongst others. She said even Adhaar Cards are not being issued to the members of transgender community.
Transgender persons' right to decide their self-identified gender is also upheld and the Centre and State Governments are directed to grant legal recognition of their gender identity such as male, female or as third gender, the court said. "We direct the Centre and the State Governments to take steps to treat them as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments," the top court had said.
The Centre and State Governments were also directed to operate separate HIV Serosurveillance Centres since Hijras / Transgenders face several sexual health issues.
"The Centre and State Governments should seriously address the problems being faced by Hijras/Transgenders such as fear, shame, gender dysphoria, social pressure, depression, suicidal tendencies, social stigma, etc. and any insistence for SRS for declaring one's gender is immoral and illegal." The Centre and State Governments should take proper measures to provide medical care to TGs in the hospitals and also provide them separate public toilets and other facilities, the court had directed.
"The Centre and the State Governments should also take measures to regain their respect and place in the society which once they enjoyed in our cultural and social life."
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