DB directives in PIL regarding rights to transgenders in J&K

Jammu May-26-2023- A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice N. Kotishwar Singh and Justice Moksha Khajuria Kazmi Hearing a Public Interest Litigation seeking rights to transgenders in J&K, directed Union Territory of J&K as well as Union Territory of Ladakh to submit the updated status report as regards compliance of the various directions issued by this Court as referred to above without fail so that appropriate orders can be passed.

 

When the PIL came-up for hearing, senior counsel for the petitioners submits that various orders passed by this Court relating to transgenders have not been complied with. In this regard, learned senior counsel has referred to orders passed by this Court viz; 05.09.2018, 28.03.2019, 19.07.2019, 27.02.2020 & 28.10.2020. Order dated 05.09.2018 relates to census required to be conducted and completed in the State of J&K (now Union Territory).

 

On 28.03.2019, detailed order was issued relating to educational institutions, reservation in jobs, right to vote, driving license and free medical treatment etc. in terms of the directions issued by the Hon’ble Supreme Court in this regard. Order dated 19.07.2019 specifically relates to the directions issued for ensuring and enabling the inclusive environment to the transgenders in the State of J&K. . Order dated 27.02.2020 relates to various schemes and benefits in terms of the directions issued by the Supreme Court in case titled National Legal Services Authority v. Union of India and others. Order dated 28.10.2020 relates to admission in schools and colleges.

 

DB observed that thus, an array of directions were issued by this Court from time to time. However, as to the steps taken by the State authorities, the same has not been placed on record, though it has been submitted that various steps have been taken.

 

DB directed respondents Union Territory of J&K as well as Union Territory of Ladakh to submit the updated status report as regards compliance of the various directions issued by this Court as referred to above without fail so that appropriate orders can be passed.

 

DB also directed petitioners to submit the suggestions as to the steps which may be required to be taken so that same may be taken into consideration while issuing directions to the authorities concerned. JNF