The Division Bench of the Gauhati High Court, comprising Justices Suman Shyam and Sushmita Phukan Khaund in the case of All Assam Transgender Association v. The State of Assam & others has ordered the Assam Government for presetting report within 5 weeks on the issue contended by the Petitioner that Transgender Welfare Board has not been made fully functional till date due to the lack of necessary infrastructural support including a functional office.
Facts of the Case
The PIL has been filed by the petitioner on the grounds that the Transgender Welfare Board has not been made fully functional till date due to the lack of necessary infrastructural support including a functional office. Secondly, the authorities have failed to take steps for setting up of State Level Transgender Cell as per the requirement of the statute.
Submission of the petitioner
The Counsel on the behalf of the Petitioner has submitted that the failure on the part of the departmental authorities to initiate appropriate steps in such matters have resulted in violation of the statutory rights of the beneficiaries under the Transgender Person (Protection of Rights) Act, 2019 .
Submission of the Respondent
The Counsel on the behalf of the Respondent has submitted that the matter was earlier looked into by the Ministry of Social Welfare, Govt. of Assam but after the bifurcation of the department and creation of a new Ministry in the form of Ministry of Social Justice and Empowerment, the matter is now being looked into by the newly created Ministry.
Reasoning and Decision of the Court
The Court heard both the parties and shows its disregards with the contentions given by Respondents and observed that “Firstly, dehors the questions of infrastructure, we do not find any material to indicate that the Transgender Welfare Board constituted more than two years back has been made fully functional by the Ministry. Secondly, the explanation for failure to set up a State Level Protection Cell is also found to be wholly unsatisfactory.”
Considering the importance of the matter, The Court granted the respondents three weeks time with effect from today to file an affidavit bringing the updated facts on record to indicate the manner in which, the provisions of the statute has been given effect to in the context of the grievance expressed in this PIL.
The listed the matter on after four weeks for next hearing.
Case Details
Case:- PIL/2/2022
Petitioner:- All Assam Transgender Association
Respondent:- The State of Assam & others
Counsel for the Petitioner – Swati B. Baruah
Counsel for the Respondent - Government Advocate
Judge: Justices Suman Shyam and Sushmita Phukan Khaund
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