Assam: Gauhati High Court says Government Should Find Ways Within a Legal Framework

Reconstructive surgery facility for transgender

Staff Reporter

GUWAHATI: A division bench of the Gauhati High Court comprising Justice Suman Shyam and Justice Mridul Kumar Kalita heard petitioner in person Swati Bidhan Baruah on the grievances of the members of the transgender community within the legal framework.

The bench said, “We are of the view that the concern raised in this petition is of serious nature and calls for immediate attention of the government authorities concerned. Instead of treating this as adversarial litigation, an effort should be made by all concerned, so as to find out ways and means for suitably addressing the grievance of the members of the transgender community within the legal framework existing in the country and in furtherance of the scheme(s) framed by the Central Government and the State Government, to that end.”

With that objective in mind and considering the nature of issues involved in this proceeding, the bench further said, “We request the Assam Advocate General D. Saikia to render assistance to this Court in this matter.”

Swati Bidhan Baruah raised in his PIL, reduced to its essence, pertains to the alleged apathy on the part of the various authorities in their failure to address the medical needs of the members of the transgender community living in Assam, more particularly, extending the facility of reconstructive surgery. The petitioner submits that although there is a Central Government scheme permitting the members of the community to avail of the benefits of reconstructive surgery, due to a lack of proper guidelines and clear instructions, neither the Central Government nor the State Government of Assam is coming forward with any concrete step so as to redress the grievance of the transgender community in this regard.

The petitioner has further submitted that due to such confusion prevailing in the matter, not only the rights guaranteed under Section 15(g) of the Transgender Persons (Protection of Rights) Act, 2019 but even the fundamental right of the members of the community as guaranteed under Article 21 of the Constitution of India is being violated. The court listed the PIL for its next hearing.

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