Gauhati High Court not satisfied with Dispur on transgender board

GUWAHATI: A division bench of the Gauhati High Court granted 21 days to State Social Welfare Department to file an affidavit by bringing the updated facts on record to indicate how the provisions of the statute have been given effect to make the Transgender Welfare Board functional.

The bench comprises Justice Suman Shyam and Justice Sushmita Phukan Khaund.

The All Assam Transgender Association (AATA) filed the PIL (2/2022) primarily on two counts. Firstly, although the government notified the constitution of the Transgender Welfare Board in May 2020, it has not made the Board fully functional to date due to the lack of necessary infrastructural support, including an office. Secondly, the authorities have failed to take steps for setting up a State-Level Transgender Cell as per the requirement of the statute.

According to Swati B Baruah, counsel for the petitioner, the failure on the part of the departmental authorities to initiate appropriate steps in such matters has resulted in a violation of the statutory rights of the beneficiaries under the Transgender Person (Protection of Rights) Act, 2019 and the Rules framed under it.

Senior advocate D Nath of the State Government submitted that the Department of Social Welfare looked into the matter earlier. After the bifurcation of the department, the newly created Department of Social Justice and Empowerment is looking into the matter, he said. According to senior advocate Nath, the government has already initiated all steps to redress the grievance of the petitioner but with the creation of the new department and transfer of subjects, there has been some delay in giving effect to some of the provisions of the statute.

The Counsel for the Department of Social Justice and Empowerment, RM Das, supported the stand of the senior advocate Nath and submitted that "although the department is keen to implement the provisions of the statute, yet, due to infrastructural reasons, certain steps could not be initiated". According to Mr Das, the Directorate of Social Justice and Empowerment is without a permanent office and, therefore, is not in a position to make arrangements for office space, as demanded by the petitioner. He, however, submitted that the Board can hold its meetings by using the existing infrastructure available at the department.

The response from the two advocates could not satisfy the bench primary for two reasons. "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 department. Secondly, the explanation for the failure to set up a State

Level Protection Cell is also found to be wholly unsatisfactory," the order said. Acceding to the request of Mr Das, the bench granted the respondents of the Social Welfare Department three weeks with effect from January 19, 2o23 today to file an affidavit bringing the updated facts on record. The bench asked the Registry of the High Court to list this case again after four weeks.

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