Gauhati High Court summons Social Welfare Department bigwigs

The Gauhati High Court has summoned two senior officials of the State Welfare Department
Gauhati High Court summons Social Welfare Department bigwigs

STAFF REPORTER

GUWAHATI: The Gauhati High Court has summoned two senior officials of the State Welfare Department, Secretary Partha Pratim Majumdar and Director Bivash Modi, to appear in court and satisfy the court as to why they should not be proceeded against in connection with a contempt of court petition filed by the All Assam Transgender Association (AATA).

The contempt petition pertains to alleged non-compliance of a previous High Court order, dated September 22 last year, which had reiterated an earlier directive of the court, dated April 24 last year, which asked the Social Welfare Department to make arrangements for funds for three transgender shelter homes in Kamrup (M), Bongaigaon and Dhubri districts, "at least by making an interim arrangement for the next two months so that these shelter homes may run properly."

During a recent hearing of the contempt petition, the High Court stated that the Social Welfare Department has been able to show prima facie that shelter homes for transgender persons are not functional in Bongaigaon and Dhubri districts as of now and hence funds could not be released for these. Therefore, the court stated, it will not consider the issue of non-release of funds for shelter homes in these two districts.

On the other hand, however, the court observed that it was clear from documents furnished by both the petitioners as well as the Social Welfare Department that a shelter home for transgender persons, named 'Tritiyo Nivas', is very much functional in Guwahati city, which is run by jointly by a non-governmental organization (NGO) called North East Voluntary Association of Rural Development (NEVARD) and the All Assam Transgender Association.

The High Court noted that the Social Welfare Department had released a one-time grant-in-aid of Rs. 1.60 crore for the upkeep of 'Tritiyo Nivas' in 2019-2020.

As such, the High Court stated that it was "not satisfied" with the reasons offered by the Social Welfare Department for non-compliance with the court's directive to release funds for the transgender homes, especially the existing one in Guwahati city.

In view of these facts, the court has asked the Secretary and Director of the Social Welfare "to appear before this Court in person 01.02.2022 and explain as to why they should not be proceeded further under the provisions of the Contempt of Court Act, 1971."

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