No reason to deny any basic human right to the Transgender community: Kerala HC issues directions on provision of ration cards, medicines

The Kerala High Court recently issued a slew of directions in order to put an end to the issues faced by the transgender community amid COVID-19 pandemic (Kabeer C Alias Aneera Kabeer vs State of Kerala)..The petitioner, Aneera Kabeer, had moved the High Court highlighting the pitiable conditions of transgenders in the State amid COVID-19. It was alleged that the State Authorities had not undertaken to ensure the distribution of ration, medicines, access to medical treatment, etc., to the transgender community in Kerala..PIL in Kerala HC raises concern that transgender community is being excluded from access to rations amid COVID-19 Lockdown.Responding to the plea, the Bench of Chief Justice S Manikumar and Justice Shaji P Chaly have now issued the following directions:.The State authorities should ensure that medicines are supplied free of cost in accordance with the policy of the State Government, whenever any member of the transgender community is approaching the concerned statutory authority with the medical prescription of a doctor. If and when any member of the transgender community approaches the District Authority or Nodal Officer appointed for the purpose of issuing gender identity card and the ration card, necessary steps shall be taken at the earliest to address the issues and immediate steps should be taken to issue the identity card and ration card to such persons. All other issues raised by the transgenders in writing shall also be addressed appropriately..On asked to submit the list of Transgender persons who were not provided with food and ration amid the lockdown, the Petitioner had submitted the names of 5 such persons. Noting this, the Court further directed, ."If five persons mentioned in the statement filed by the petitioner are approaching the concerned District Authority constituted by the Government for the purpose of addressing the issues of the transgenders, the same shall be looked into and provide necessary articles and medicines to such persons and their grievances shall be alleviated.".The Petitioner had alleged that the transgender persons had been specifically discriminated in the matter of relief measures during the COVID-19 lockdown. It was submitted that the transgender community in Kerala were suffering owing to the illegal and arbitrary attitude of the State Govenrment. This is violative of Articles 14, 15 and 21 of the Constitution of India, the petitioner asserted. .The Director of Social Justice, Thiruvananthapuram had refuted these allegations..Among other contentions, it was stated that earnest efforts are made by the State Government to provide all necessary facilities to the public at large, including the persons belonging to the transgender community, enabling them to lead a normal life, despite the unprecedented pandemic situation. .It was further submitted that the Government of Kerala had also formulated various schemes for the overall upliftment of the transgender community, which included the assistance relating to self-employment, marriage assistance for legally married transgender couples, financial aid for self-employment, sex reassignment surgery and student-scholarship. .That apart, a 24 x 7 helpline had also been launched for providing necessary assistance to transgenders who are distressed and to protect their basic rights by providing counselling and legal assistance..The Court was told by the State that all earnest efforts were made for the supply of the ration, ration kits and other articles, and also for providing shelter for those persons who were in crisis during the period of lockdown..After hearing the rival submissions, the Court firstly expressed that the State Government has been constantly striving to alleviate the various issues that were being faced by trans persons in the state. .It went on to opine that it is now up to the members of the transgender community and NGOs to approach the Government so that they can avail the various measures taken toward their welfare. ."We are of the view that when the State Government has taken enough and more steps to provide various facilities and the authorities are appointed for addressing their issues, it is for members of that community or the NGOs or the members representing the transgender community to approach the said authorities and put forth the rights, they are entitled to. Even though it is contended that the members of the transgender community are being harassed by the police, we are unable to act upon such a contention, since no specific instances are pointed out by the petitioner enabling us to direct the respondents to take appropriate action against the police officials.".With respect to some of the grievances raised, the Court noted that no specific instances were pointed out in the writ petition. Whereas the petitioner informed the Court that she had not been issued a ration card, it was noted that a ration card was issued to her after the petitioner had filed the writ petition. .On the particular issue of not providing medicines, the Bench was of the view that the authorities are prevented by law from supplying such medicines without a prescription. .The Bench further noted that identity cards and ration cards could only be issued to transgender persons who approached the Authorities. ."The identification of the transgender community is an issue involving privacy and therefore, unless and until such persons approach the authorities and their identity is so revealed and recognised, the authorities are unable to take action for supplying them medicines, ration, ration cards and identity cards and that too after thorough medical examination."the Court observed..While passing the directions, the Court expressed that there was no reason for denying any basic human right to a member of the transgender community. Highlighting this, the order reads, ."We are also of the view that there are no reasons for denying any basic human right to a member of the transgender community."Kerala High Court.The Court added,."But, unless and until such efforts are made by the members of the community to secure their rights through appropriate statutory authority constituted by the State Government due to the peculiar nature of the issue, statutory authorities may find it difficult, especially due to the right to privacy, and right to choice, enjoyed by such persons, which are referable to the right of life and liberty enjoyed by the citizens under Article 21 of the Constitution of India. Therefore, in order to translate the rights into a reality, and to avoid practical difficulties, we are of the firm opinion that it is for the members of the community, or NGOs and others who are working with the transgender community to identify the problems faced by the members of the community and point out the same to the officers.".With these pertinent observations, the Court disposed of the matter. .The petitioner was represented by Senior Counsel, Jayna Kothari and Advocate Thulasi K Raj. .[Read order here]