Gauhati High Court Slams Assam Govt For Lack of Sensitivity Towards Transgender Persons

GUWAHATI: The Gauhati High Court on Friday told the Assam government to be more proactive in the implementation of laws which concern the welfare and employment of transgender persons.

A HC bench of Chief Justice Sandeep Mehta and Justice Devashis Baruah said this while hearing a batch of petitions filed before the court regarding the welfare of transgender persons in Assam.

The plea, filed by transgender activist and advocate Swati Bidhan Baruah, referred to the recent process for recruitment of sub-inspectors and constables against vacant posts in the Assam Police, where a separate category for transgender persons was not included. They were instead clubbed along with male candidates.

This resulted in criticism of the state government from Chief Justice Mehta for its lack of sensitivity.

Addressing the state's counsel Chief Justice Mehta pointed out that physical standards were the same. “How can that can be done? You seem flustered, non-plussed. This is totally against what is mandated by law, not at all showing sensitiveness to the category as is required. Because proceedings are too slack,” he said.

The chief justice suggested that the response has not been ‘forthcoming at the desired pace’, asking the counsel to pull up their socks.

Moreover, the Court went on to direct the State to conduct further studies and to come up with a proposal for a draft action plan while conducting the future recruitment of members of the community, by June 27. This is the date when the matter is slated to be heard next.

During the course of hearing on Friday, Baruah also referred to the lack of concrete steps taken towards the formation of a transgender welfare board, which the court had called for while passing earlier orders.

Chief Justice Mehta observed that the government's submissions appeared to be vague on this aspect, after he had examined an affidavit filed by the State in the case.

He further remarked, "This is very vague. What direction has been given (about formation of the board)? Letter has been silent. Why should you be so vague? Simple direction could have been forwarded with the proposal."

On the other hand, Baruah suggested that mandatory boards and committees have to be formed as per the NALSA judgment of the Supreme Court, which has not been done.

It was also declared before the Court that the recent police recruitment had violated the glossary of terms which was issued recently by Chief Justice of India DY Chandrachud.

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