The Gauhati High Court has called upon the Assam government to take a more proactive approach in implementing laws aimed at ensuring the welfare and employment opportunities for transgender persons.
In a series of petitions addressing the concerns of the transgender community in Assam, activist and advocate Swati Bidhan Baruah highlighted a significant issue regarding the recent recruitment process for sub-inspector and constable positions in the Assam Police.
The recruitment did not include a separate category for transgender persons, but instead, they were grouped together with male candidates, which raised criticism from Chief Justice Sandeep Mehta.
Chief Justice Mehta expressed dissatisfaction with the state government's insensitivity towards the issue. He questioned the decision to not provide a separate category for transgender candidates, considering that the physical standards were the same. The Chief Justice emphasized that this approach contradicted what is mandated by law and showed a lack of sensitivity towards the transgender community. He urged the state's counsel to be more responsive and efficient in addressing these matters.
As a result, the court directed the state government to conduct further studies and present a draft action plan for future recruitment of transgender individuals by June 27, the date of the next hearing. The objective is to ensure that the recruitment process aligns with the rights and welfare of the transgender community.
During the proceedings, Swati Bidhan Baruah also pointed out the lack of progress in establishing a transgender welfare board, which had been previously ordered by the court. Chief Justice Mehta reviewed an affidavit submitted by the state government and found the government's submissions regarding the formation of the board to be vague and inadequate.
Expressing his disappointment, Chief Justice Mehta stated that the government's responses were unclear and lacked direction. He emphasized that a simple and specific direction should have been provided with the proposal to establish the board. Baruah emphasized the importance of forming mandatory boards and committees in accordance with the Supreme Court's NALSA judgment, which has not yet been accomplished.
Additionally, it was revealed in court that the recent police recruitment had violated the glossary of terms issued by Chief Justice of India DY Chandrachud. This further emphasized the need for the government to uphold the established guidelines and ensure fair treatment and opportunities for the transgender community.
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