Gauhati High Court Seeks Report From Govt On PIL Alleging State Has Failed To Provide Infrastructure For Transgender Welfare Board

Issue

The court was hearing a public interest litigation stating that although the constitution of the Transgender Welfare Board had been notified by the government in the month of May 2020, the Board has not been made fully functional till date due to the lack of necessary infrastructural support including a functional office.

The court was also told that the authorities have failed to take steps for setting up of State Level Transgender Cell as per the requirement of the statute.

Advocate Swati B. Baruah, representing the petitioner, argued that the failure on the part of the departmental authorities to initiate appropriate steps in such matters has resulted in violation of the statutory rights of the beneficiaries.

Senior Government Advocate D. Nath submitted that the matter was earlier being looked into by the Ministry of Social Welfare but after the bifurcation of the department and creation of a new Ministry in the form of Ministry of Social Justice and Empowerment, the matter is now being looked into by the newly created Ministry.

The counsel further submitted that due to the creation of the new Ministry and transfer of subjects, there has been some delay in giving effect to some of the provisions of the statute.

The court was also told the  Directorate of Social Justice and Empowerment itself is without a permanent office and therefore, it is not in a position to make arrangements for office space, as demanded by the petitioner.

The court found the response of the government counsel unsatisfactory.

“Firstly, dehors the questions of infrastructure, we do not find any material to indicate that the Transgender Welfare Board constituted more than two years back has been made fully functional by the Ministry. Secondly, the explanation for failure to set up a State Level Protection Cell is also found to be wholly unsatisfactory.”

Seeking a report from the State, the court listed the matter for hearing after four weeks. 

Case Title: All Assam Transgender Association v. The State of Assam And 7 Ors.

Coram: Justice Suman Shyam and Justice Susmita Phukan Khaund

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