'Systemic discrimination against Transgender community shall not be cured only by employment opportunities': Patna High Court
Court was dealing with a PIL filed in the year 2020 pertaining to difficulties faced by TGC during the Covid-19 pandemic.
The Patna High Court recently observed that the systemic discrimination against the members of the transgender community (TGC) that has been in existence in society for a long time shall not be cured only by employment opportunities.
The bench of Chief Justice Sanjay Karol and Justice S. Kumar said that other than welfare measures directed at TGC, the State must take steps to root out discrimination from within the general public. "That may include awareness, sensitization programmes; educational reforms, training for educators; etc," Court suggested.
Court further stressed that "the State is under constitutional as well as statutory obligation to protect the transgender community from the pervasive discrimination that they are facing."
Court was dealing with a Public Interest Litigation (PIL) pertaining to the difficult conditions faced by the transgender community within the State of Bihar during the period of the Covid-19 pandemic.
In this PIL, which was initiated in the year 2020, earlier the court issued several directions for the welfare of the TGC and in pursuance of the same, the State Government took various steps such as economic assistance, ration distribution without the requirement of furnishing ration card and employment of TGC members into the police force creating a separate unit.
During the latest hearing, while appreciating the measures taken till now by the State government, the High Court expressed its hope that the State will continue the same. "It is hope which we hereby express, that the State will continue making efforts and breaking new ground in realization of all rights to the TGC as they are entitled under the Constitution of India," the court stated.
Further, referring to the chart placed on record by the state government containing details of the steps taken by it in compliance with the directions issued by the Supreme Court in National Legal Services Authority v. Union of India, (2014) for the welfare of the TGC, the high court directed the state government to expedite the steps labelled as pending in the chart.
Furthermore, Court direct the Additional Chief Secretary, Social Welfare Department, Government of Bihar to convene a meeting, seek updates on the welfare measures and issue appropriate directions to ensure that further, all possible steps are taken for benefit of this community without any further delay.
Case Title: Veera Yadav vs. The Chief Secretary, Government of Bihar and Ors