[Coronavirus Lockdown] Process applications filed by transgenders for social security benefits immediately, Karnataka HC to state govt

Even as marginalised communities bear the brunt of the Coronavirus lockdown, the Karnataka High Court yesterday directed the state to immediately dispose of applications made by transgender persons for grant of social security benefits under the Mythri Scheme .

. The order was passed by a Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice BV Nagarathna .

The state informed the Court that 1,657 persons belonging to the transgender community are given monthly pension of Rs 600 under the Mythri Scheme. In view of the COVID-19 pandemic, two months’ pension is being paid to them in advance. Considering this aspect, the order reads,

. "If the transgenders who are covered by Mythri Scheme make an application for grant of the benefits under the Mythri Scheme, the State Government or the concerned Authorities will have to dispose of those applications immediately considering the prevailing situation and extend the benefits under the Mythri Scheme to all the eligible members of the transgender community." Karnataka High Court . This apart, the Court further asked the state to respond to a plea seeking distribution of free rations to trans persons, devadasi women, and sex workers. The Court noted that there maybe a category of people deprived of their daily earnings such as beggars, transgenders and other marginalised communities. Such persons from marginalized categories may not be having the ration cards, the Court observed. In this regard, the Court held,

. "Therefore, as directed under the order dated 30th March 2020, the State Government shall immediately take a decision on the question of providing the ration to this category of citizens on production of an authenticated proof of identity. While the State Government takes its decision, it will have to bear in mind that those who belong to the marginalized category may not be in a position to pay for the ration."

. Counsel appearing for the Karnataka State Legal Services Authority (KSLSA) also invited the attention of the Court to a Deccan Herald newspaper report of April 8, which recorded the plight of Devadasi women in a village near Koppal Town. The Court recorded that after the visit of the KSLSA Member Secretary, ration has been made available to the Devadasis and that a local Merchants’ Association even supplied utensils to them.

. The above directions were passed in an Intervention Application (IA) seeking protection of transgender persons and other vulnerable communities during the 21-day Coronavirus Lockdown.

. The IA has been filed by Centre for Law & Policy Research (CLPR) on behalf of Ondede and Centre for Study of Social Exclusion & Inclusive Policy, NLSIU (CSSEIP). The application was heard by the Karnataka High Court along with PILs regarding several issues arising out of the COVID-19 pandemic.

. The petition was taken on record on April 3. In its reply, the state government said that it would provide social security pension to transgender persons. Further, the state replied that ration would be provided to vulnerable persons and migrant workers. On this point, the Court has asked if the provision would be made without ration cards, i.e., on the basis of any other ID.

. In the IA, Ondede pointed out that a large section of the transgender community depends on beggary and sex work for sustenance, and that they could not make any earnings in view of the ongoing lockdown.

. Ondede informed the Court that at present, it is providing food and rations to some of the transgender persons and their families by raising donations on a door-to-door basis. However, the plea states that no support has been provided by the Karnataka government to the transgender community.

. CSSEIP highlighted issues faced by many marginalised communities such as slum dwellers, manual scavengers, migrant workers, tribal groups and nomadic tribes.

. On the point of manual scavengers, it was stated that a group led by one Mr. Oblesh had mobilised rations and other essential resources for the community members. However, the NGO workers are unable to deliver the rations to manual scavengers due to the curfew and are unable to move in the city for delivery of the rations.

. Additionally, the IA reads that many migrant labourers are tuck at different locations within Bangalore city and that they require immediate help in procuring rations, medicine, food and other essentials.

. On the above grounds, among others, the following directions were sought by the intervenors:

. 1. To direct State to provide free of cost rations, food and nutrition and provisions including vegetables and fruit to members of the transgender community from ration shops and other outlets.

2. To provide Free of cost medicines to HIV positive persons as well as hormone therapy medicines, diabetes and other medications at government health centres so that transgender persons may avail the same.

3. To ensure that State government pays a monthly financial support of Rs. 5000/- per month for six months to transgender persons so that their needs are covered.

4. To direct the State Police to issue passes to persons from NGOs who are seeking to deliver rations and essential items to manual scavenger communities and other persons in need so that such materials may be distributed.

5. Migrant workers who are stuck in different locations in Bangalore should be provided food, water, essential items by the State Government.

6. To pass Directions to have local school teachers and ASHA workers to provide food and essentials to vulnerable communities and further, to enlist NGOs in Karnataka to assist the government during this emergency.

. Senior Advocate Jayna Kothari and Advocate Rohan Kothari appeared for the intervenors.

[Read application here]

. [Read Order]

[Coronavirus Lockdown] Process applications filed by transgenders for social security benefits immediately, Karnataka HC to state govt

Rintu Mariam Biju

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