The division judge bench of the Jharkhand High Court directed the State government to constitute the Transgender Welfare Board while taking into consideration the very object and intent of the Rule, 2019 as also the command of the Hon'ble Apex Court as per the judgment passed in National Legal Services Authority v Union of India and Others.
Brief facts
The counter affidavit was filed in which many beneficial actions have been said to be taken by the State of Jharkhand in the interest of the Transgenders. However, the constitution of Transgender Welfare Board as per the requirement of law and the decision of the Hon'ble Apex Court in the case of National Legal Services Authority v Union of India and Others is still pending.
Observations of the court
The Hon’ble Court observed that even though transgenders are the third gender in society, still the stand of the State of Jharkhand is that the issue of the constitution of Transgender Welfare Board is under consideration.
The court directed the JHALSA to be impleaded as a party to the proceedings.
The court furthermore directed the state to constitute Transgender Welfare Board within a period of two weeks.
The decision of the court
With the above direction, the court listed the matter on 14.05.2024.
Case title: Jharkhand Trans Collective V. The Chief Secretary, State of Jharkhand & Another
Coram: Hon’ble Mr. Justice Sujit Narayan Prasad, and Hon’ble Mr. Justice Arun Kumar Rai
Case No.: W.P.(PIL) No.2716 of 2023
Advocate for the Petitioner: Mr. Ritik Raj, Advocate
Advocate for the Respondent: Mr. Gaurav Raj, AC to AAG-II
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