Implement directions for welfare of Transgender community, Gauhati High Court to Assam
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Implement directions for welfare of Transgender community, Gauhati High Court to Assam

Shruti Mahajan

The Gauhati High Court has urged the Assam government to implement welfare measures for transgender community.

The direction to that effect was passed by a Bench of Chief Justice Ajit Singh and Justice Shyam Suman in a petition by one Swati, a transgender and founder of All Assam Transgender Association.

The petitioner was represented by Senior Counsel BD Konwar, Advocate S Newar and Advocate S Bhuyan.

The Respondents had representation from Senior Additional Advocate General D Saikia, Additional Senior Government Advocate R Dhar and Government Advocate B Jharor.

This petition was filed in 2017 praying for directions to be issued to the State government to take steps for the betterment and welfare of the transgender persons.

The petitioner had sought the implementation of decision of the Supreme Court in the National Legal Services Authority (NALSA) vs UOI. The Supreme Court had laid down that Transgender persons be treated as third gender for the purpose of safeguarding and enforcing the rights guaranteed to them under the Constitution of India.

Citing the NALSA judgment and the declarations therein, the Court noted that the State government has not taken steps for the implementation of the same.

The Court observed that the State government set up a Core Committee to look into the issues faced by the Transgender persons, after notice was issued by the High Court in the present petition.

In light of the same, the Court ordered the committee to submit a report with its recommendations within three months and directed the State government to implement the recommendations so made, within six months thereafter.

 Read Order:

PIL-Swati-watermark.pdf
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