Gauhati High Court: The issue raised in the present case pertained to the failure on part of the various authorities to address the medical needs of the members of the Transgender community living in Assam, particularly, extending the facility of reconstructive surgery. The Division Bench of Suman Shyam* and Mridul Kumar Kalita, JJ., opined that the concern raised was of a serious nature and called for immediate attention from the authorities concerned and stated that effort should be made by all authorities concerned, to find out ways/means for suitably addressing grievance of members of the Transgender community.
Petitioner submitted that although there was a Central Government Scheme permitting the members of the community to avail the benefits of reconstructive surgery, due to lack of proper guidelines and clear instructions, neither the Central Government nor the State Government of Assam was coming forward with any concrete step to redress the grievance of the transgender community in this regard. Petitioner stated that due to such confusion, not only the rights guaranteed under Section 15(g) of the Transgender Persons (Protection of Rights) Act, 2019 but even the fundamental rights of the members of the community as guaranteed under Article 21 of the Constitution were being violated.
The Court opined that the concern raised in this petition was of a serious nature and called for immediate attention from the authorities concerned. The Court stated that an effort should be made by all authorities concerned, to find out ways/means for suitably addressing the grievance of members of the Transgender community within the legal framework existing in the country and in furtherance of the scheme(s) framed by Central Government and State Government.
The Court, after considering the nature of issues involved in the present case, requested D. Saikia, Advocate General, Assam, to render assistance to this Court.
The matter would next be listed on 26-09-2024.
[Swati Bidhan Baruah v. State of Assam, 2024 SCC OnLine Gau 1505, decided on 06-09-2024]
*Judgment authored by: Justice Suman Shyam
Advocates who appeared in this case:
For the Petitioner: Petitioner-in-person
For the Respondent: R.B. Bora, GA, Assam; D P Borah SC-Health and Family Welfare Deptt., D Borah, SC-Health and Family Welfare Deptt, Asstt. SGI; A. Chophy, Counsel
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