Jammu and Kashmir High Court: In a Public Interest Litigation concerning the rights and welfare of transgender community in the Union Territories of Jammu & Kashmir (J&K) and Ladakh, focusing on access to medical care, pensionary benefits, and possible reservations in the public sector, a Division bench of Tashi Rabstan, CJ., and Puneet Gupta, J., sought compliance and action plans from the authorities to ensure the transgender community’s rights and welfare are adequately addressed.
The Social Welfare Department of J&K submitted a status report on 30-08-2024, outlining ongoing efforts for the welfare of the transgender community. The Deputy Solicitor General of India (DSGI) filed a status report on 13-09-2024 on behalf of the Union Territory (UT) of Ladakh. The report stated that a committee is formed to identify the actual number of transgender individuals in both Leh and Kargil Districts. The report also highlighted that medical care, and other facilities are available for transgender individuals in hospitals across Ladakh. However, there is currently no scheme in place for pensions or other monetary assistance specifically for the transgender community.
The Court directed the petitioner to file a response to the Social Welfare Department’s status report by the next date of hearing. The Court directed the Government Advocate to seek instructions from the State on whether any reservation has been allotted for the transgender community in J&K.
The Court directed the Deputy Solicitor General of India (DSGI), to submit a fresh compliance report detailing the actions taken by the Committee in Ladakh to identify transgender individuals, by the next hearing date, i.e., 04-12-2024. The Court stated that the report must specify the names of hospitals providing medical care for transgender individuals and also include a detailed plan regarding the potential framing of pensionary schemes for this community.
[Aijaz Ahmad Bund v. Union Territory of J&K, 2024 SCC OnLine J&K 858, Decided on 16-10-2024]
Advocates who appeared in this case :
Ms. Jayna Kochari, Sr. Advocate and Ms. Iqra Khalid, Counsel for the Petitioners
Mr. T. M. Shamsi, DSGI with Ms. Rehana Qayoom and Mr. Fahim Nisar Shah, GA, Counsel for the Respondents
