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“Implement schemes in order to bring transgenders at par with the members of the society”: Uttaranchal High Court

Uttaranchal High Court: A division bench comprising of Manoj Kumar Tiwari, J. and Rajiv Sharma, ACJ., directed the state to implement schemes for the welfare of transgenders.

Petitioners who are transgender were facing interference in their area of operation to which they have sought protection with respect to life and liberty. Hence the Court took judicial notice of the matter as it revolved around right to life by providing a dignified life to the petitioners owing to the miseries faced by them in order to bring them at par with other people in the society by paving their way to the mainstream.

The Supreme Court, in the case of National Legal Services Authority v. Union of India, (2014) 5 SCC 438 has held the word “person” in Article 14 of the Constitution of India was not restricted to male and female and it includes even Hijras/Transgender persons who were also entitled to equal protection of laws and equality in all spheres. They were entitled to benefits as Socially and Educationally Backward class citizens including reservation in public employment. Gender identity was part of the right to dignity as well as personal autonomy and self-expression and thus declared that Hijras, Eunuchs be treated as the third gender giving them a legal recognition.

It was stated that the State Government, till date, has not implemented the directions issued by the Supreme Court. It was also brought to the Court’s notice that the State of Odisha has framed a scheme for Promotion of Transgender Equality & Justice. The scheme speaks of medical assistance to the parents of transgenders.

In the light of the facts and the issues stated the Court gave the following directions:

Accordingly, the writ was disposed of. [Rano v State of Uttarakhand, WP (Crl.) No. 1794 of 2018, order dated 28-09-2018]

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