Apprise us of steps taken for transgender community: Gauhati High Court to Dispur

STAFF REPORTER

GUWAHATI: The Gauhati High Court has asked the Union and State governments to specify what steps they have taken for education, health and social security of transgender people as per the Transgender Persons (Protection of Rights) Act, 2019.

Hearing a Public Interest Litigation (PIL/74/2018) filed by Swati Bidhan Baruah regarding certain grievances faced by the transgender community in Assam, Justices N Kotiswar Singh and Manish Choudhury said that the Parliament enacted the Transgender Persons (Protection of Rights) Act, 2019 to meet the challenges and difficulties faced by the transgender community. "The Parliament in its wisdom by enacting the said Act has provided for taking various steps by the appropriate authorities, both the Central and State Governments," said the court.

The court focused on Chapter VI of the Act dealing with education, social security and the health of transgender persons. According to the Act, every educational institution funded or recognized by the Government shall provide inclusive education and opportunities for sports, recreation and leisure activities to transgender persons without discrimination on an equal basis with others.

The appropriate Government shall formulate welfare schemes and programmes to facilitate and support livelihood for transgender persons, including their vocational training and self-employment.

The appropriate Government shall take the following measures concerning transgender persons –

(a) To set up separate human immunodeficiency virus Sero-surveillance Centres to conduct sero-surveillance for such persons following the guidelines issued by the National AIDS Control Organization on this behalf.

(b) To provide for a medical care facility, including sex reassignment surgery and hormonal therapy.

(c) Before and after sex reassignment surgery and hormonal therapy counselling.

(d) Bring out a Health Manual related to sex reassignment surgery following the World Profession Association for Transgender Health guidelines.

(e) Review of medical curriculum and research for doctors to address their specific health issues.

(f) To facilitate access to transgender persons in hospitals and other healthcare institutions and centres.

(g) Provision for coverage of medical expenses by a comprehensive insurance scheme for Sex Reassignment Surgery, hormonal therapy, laser therapy or any other health issues of transgender persons.

The court order stated that if the State government, as well as the Central government, took appropriate measures as per Chapter VI of the Transgender Persons (Protection of Rights) Act, 2019, many difficulties faced by the transgender community in various situations could be addressed.

"Therefore, before we go into the various issues raised in this PIL, we would like the State as well as the Central Government to apprise this Court as to the steps taken in terms of the aforesaid provisions of the Act, which they may do so by filing affidavits," stated the court order. The next hearing will be on November 11, 2021.

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