No Reason To Deny Any Basic Human Right To Transgender Community : Kerala HC Directs To Ensure Supply Of Ration Cards, Free Medicines

On a Public interest Litigation filed by a transgender person, the Kerala High Court directed the State of Kerala to ensure the free supply of medicines in consonance with the polices of the state government, whenever any member of the transgender community is approaching the concerned statutory authority with the medical prescription of a doctor. A bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly directed that, "If and when any member of the transgender community approaches the District Authority or Nodal Officer appointed for the purpose of issuing gender identity card and the ration card, necessary steps shall be taken at the earliest to address the issues, and on being satisfied, to take immediate steps to issue identity card and ration card to such persons." Also the court directed the state to address properly any issues raised by the transgenders in writing. With regard to the five transgender persons mentioned in the statement filed by the petitioner the court held that : "If five persons mentioned in the statement filed by the petitioner are approaching the concerned District Authority constituted by the Government for the purpose of addressing the issues of the transgenders, the same shall be looked into and provide necessary articles and medicines to such persons and their grievances shall be alleviated. "The directions were passed in a writ petition filed by Aneera Kabir. CONTENTIONS RAISED BY THE PETITIONER : The petitioner contented for the benefits of the law laid in the Apex Court decision in National Legal Service Authority v. Union of India and Other s [(2014) 5 SCC 438], and presented before the court that the transgender community in Kerala especially in the lock down situation are facing severe crisis in terms of access to essential food supply, medicines and allied treatments. Equally they are facing threat of torture from the part of police authorities. THE KERALA STATE'S CONTENTION The State of Kerala through its affidavit had contended that state of Kerala never followed a different treatment towards its people especially in the time of these grave crisis. They have made earnest efforts to protect the rights and interest of the Transgender community. The State of Kerala submitted that, the Kerala state is flamboyant for its transgender policy and and its the first state in the country to implement such a policy for the holistic empowerment of the transgender community. The state had further stated some of the welfare measure they administered for the benefit of the transgender community, as follows : Authorities like transgender justice Board in the state level and a Transgender Justice committee at the District levelVarious Schemes for the overall upliftment and protections of persons belonging to transgender community interms of self employment, marriage assistance, financial aid for self employment and sex rearrangement surgery etc.A helpline facility and scholarship for the persons belonging to transgender community. EtcTreatment facilities including hormone therapy.Short stay homes for the people belonging to the Transgender community under the aegis of the Social Justice Department in four districts (Thiruvananthapuram, Kottayam, Ernakulam and Kozhikode), etc NO SPECIFIC INSTANCES POINTED OUT The Court had observed that, no specific instances regarding the violation of the rights of the transgender community were pointed out in the Writ Petition and court had acknowledged the names of five transgender persons filed through a statement in the subsequent stage. The state government had contended through the counter affidavit that the committees constituted for the benefit of the transgender communities in the District and the State levels are functioning effectively and whenever any complaint or representation from any transgender persons are received on account of the inconvenience faced by them due to the non- supply of food or medicines, police atrocities, students grievances etc. the same will be addressed immediately. The Court observed that : "We are of the view that when the State Government has taken enough and more steps to provide various facilities and the authorities are appointed for addressing their issues, it is for members of that community or the NGOs or the members representing the transgender community to approach the said authorities and put forth the rights, they are entitled to. Even though it is contended that the members of the transgender community are being harassed by the police, we are unable to act upon such a contention, since no specific instances are pointed out by the petitioner enabling us to direct the respondents to take appropriate action against the police officials." And the Court further observed that , "it is trite and well settled that even a person approaching a constitutional court ...

No Reason To Deny Any Basic Human Right To Transgender Community : Kerala HC Directs To Ensure Supply Of Ration Cards, Free Medicines

Viswajith Anand

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