J&K High Court Seeks Details On Medical Care & Pension Benefits Being Extended To Transgender Persons

Take Immediate Steps To Set Up Grievance Redressal Forum In Compliance Of S. 11 Of The Transgender Act Of 2019

The Jammu and Kashmir and Ladakh High Court on Wednesday directed the administration to disclose the names of hospitals providing medical care to transgender individuals and sought a detailed report on the formulation of pension schemes for the community.

The Bench, comprising Chief Justice Tashi Rabstan and Justice Puneet Gupta, issued these directives while hearing a Public Interest Litigation (PIL) related to the welfare and rights of transgender persons.

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The PIL, filed by Aijaz Ahmad Bund and others, aimed to enforce the rights of the transgender community in light of the Supreme Court’s landmark NALSA Vs Union of India 2014.

The petitioner had highlighted multiple issues faced by the transgender community in the Union Territories of Jammu and Kashmir and Ladakh. The Court had previously issued a series of directions aimed at enhancing the welfare of the community, including:

Despite these earlier directives, the petitioners informed the Court that many of these orders remained unimplemented, prompting the Bench to demand updated status reports from the authorities.

At the hearing on October 16, the Deputy Solicitor General of India (DSGI), TM Shamsi, submitted that medical facilities for transgender individuals are available in hospitals across the Union Territories. The Court, however, stressed the need for transparency and ordered the disclosure of specific hospital names providing such care.

On the DSGI’s information to the Court that a committee has been constituted to assess the number of transgender persons and to address their grievances the Bench also asked for a compliance report on the committee’s actions.

Additionally, the Bench directed the government to furnish a detailed report on any ongoing or proposed pension schemes for transgender persons. Notably, the Court also instructed the administration to “seek instructions as to whether any reservation has been earmarked for this particular community or not,”.

The Court has set December 4, 2024, as the next date for hearing for a fresh review of the matter

Case Title: Aijaz Ahmad Bund Vs UT Of J&K

Courtesy : Live Law

Note: This news is originally published in livelaw.in and was used solely for non-profit/non-commercial purposes exclusively for Human Rights