Bodies like Transgender Welfare Board should acquire teeth: Punjab & Haryana HC summons Chairperson

Noting that a transgender student had to approach the court for non-availability of a proper accommodation at a University, the Punjab and Haryana High Court held that “it is essential to ensure that bodies such as the Transgender Welfare Board acquire teeth and do not remain cosmetic features”.

The bench of Justice Sudhir Mittal directed the Chairman of the Transgender Welfare Board, Chandigarh to be present in person in the court on the next date of hearing (December 15) in the plea moved by a trans student enrolled at the Panjab University.

The student had been denied hostel accommodation at the university despite admission. Court highlighted that in the case at hand, the student had submitted complaints in this regard to the Union Territory Administration but no relief was granted.

Court opined that the larger issued involved in the matter had to be addressed as though the student had been subsequently housed in the Working Women's Hostel but it was a temporary solution to the problem.

Court held that due to non-availability of hostel facilities at the University, student’s rights against discrimination was violated as was the right to acquire education at par with others, and it had to be addressed.

Further, during the course of the hearing in the matter, the court was informed by the authorities that a Transgender Welfare Board was constituted in 2017 i.e. prior to the passing of the Transgender Persons (Protection of Rights) Act, 2019 and it has taken major steps to sensitize people.

Online training programmes have also been conducted for this purpose and for increasing awareness in the concerned Government departments. An anti-discrimination cell has been set up in the Panjab University apart from provision of toilets and other steps taken for their medical welfare, the court was further told.

However, the court observed that the Board has held a total of seven meetings till date. Regarding the meetings of the Board, the court said that “meetings should be held more frequently so that issues likely to arise in the future can be anticipated”.

Moreover, referring to the Transgender Persons (Protection of Rights) Act, 2019, court said,

“A perusal of the provisions of the Act show that discrimination against transgender persons is prohibited. The appropriate Government has been obligated to take necessary steps for their welfare and inclusion in Society. Educational institutions have been obligated to provide inclusive education. The statute also envisages provision of social security and adequate health care facilities.”

Case Title: Yashika alias Ashish Kumar vs. Panjab University, Chandigarh and others