Calcutta High Court directs state authorities to process all pending applications for Transgender identity cards within one month
The petitioner had applied for a transgender identity card in March last year which was still pending.
The Calcutta High Court recently directed the concerned state-authorities of all the districts in West Bengal to process all pending valid applications for the issuance of transgender identity cards and take decisions thereon within one month.
The bench of Justice Sabyasachi Bhattacharyya passed the order in a writ petition filed by a transgender person whose application for issuance of a transgender identity card before the concerned District Magistrate was pending since March 2022.
In his plea, the petitioner stated that an application was filed for an identity card to be issued within the contemplation of the Transgender Persons (Protection of Rights) Act, 2019 (the Act) on the National Portal meant for such purpose last year, however, till date, it had not been processed.
The counsel for the petitioner also submitted that in terms of the provisions of the Act, the mandate is upon the District Magistrate to comply with such requirement within thirty days.
He also apprised the court that a set of statistics disclosed before the Lok Sabha by the Ministry of Social Justice and Empowerment, Lok Sabha indicated that in West Bengal, there were fifty-three valid applications pending in total, but the number of certificates issued was merely one as on December 14, 2021.
However, the counsel for the state submitted that the Rules-in-question were promulgated by the State of West Bengal only recently, that is, with effect from November 04, 2022. Since the Central Rules had not been adopted prior thereto by the State, the implementation of the scheme within the Act could not have been given effect to previously, he told the court.
Taking note of the submissions made, Court held that even if the State did not adopt the Central Rules, it was the mandate of law on the District Magistrate to issue the identity card to transgender persons within the contemplation of the 2019 Act and the Central Rules within the period as stipulated therein.
Court stressed that it is incumbent upon the District Magistrate to issue the identity card of the petitioner, upon being satisfied that the petitioner complies with the provisions of the 2019 Act.
Therefore, while allowing the present plea, court directed the respondent-authorities to ensure that, subject to satisfaction of the concerned District Magistrate that the petitioner fulfills the criteria as stipulated in the Act, to issue a transgender identity card to the petitioner latest by February 02, 2023. Also, within the said time frame, court ordered the processing of all other pending valid applications as well.
Case Title: Samrat Bhattacharyya v. Union of India and others