Saurabh Malik
Chandigarh, November 17
Nearly five years after the Transgender Welfare Board was constituted, the Punjab and Haryana High Court has asserted it was essential to ensure such bodies acquire teeth and do not have mere cosmetic value. Making it clear that meetings were required to be held more frequently, Justice Sudhir Mittal of the High Court also directed the board chairman to remain present in person on December 15 — the next date of hearing on the issue.
The matter was brought to Justice Mittal’s notice after a petition was filed by a transgender, aggrieved by the non-availability of hostel accommodation even after the grant of admission to a post-graduate course in Panjab University.
Justice Mittal asserted the facts of the case showed a transgender had to approach the court as proper hostel accommodation was not being provided in Panjab University. Subsequently, the petitioner was housed in the working women’s hostel. It temporarily took care of the situation. But larger issue still remained to be addressed.
“Due to the non-availability of hostel facilities, the right of the petitioner against discrimination was violated as was the right to acquire education on a par with others. Although the petitioner submitted complaints in this regard to the UT Administration also, no relief was granted. Thus, it is essential to ensure that bodies such as the Transgender Welfare Board acquire teeth and do not remain cosmetic features. Meetings should be held more frequently so that issues likely to arise in the future can be anticipated,” Justice Mittal added.
The observation came after Justice Mittal’s Bench was told that the welfare board was constituted in 2017, prior to the passing of the Transgender Persons (Protection of Rights) Act, 2019. The board had held seven meetings till date and took major steps to sensitise people. Online training programmes had also been conducted for this purpose and for increasing awareness in the government departments concerned. An anti-discrimination cell had also been set up in Panjab University, apart from provision for toilets and other steps taken for their medical welfare.
Justice Mittal added a perusal of the provisions of the Act showed discrimination against transgender persons was prohibited. The appropriate government was obligated to take necessary steps for their welfare and inclusion in society. Educational institutions were obligated to provide inclusive education. The statute also envisaged provision for social security and adequate healthcare facilities.
Justice Mittal had earlier asked the university to act independently after it said final decision on the hostel accommodation to transgenders would be taken only after receiving guidelines from the UT Administration.
Virtually rapping the university for its stand, Justice Sudhir Mittal had asserted it was expected to be alive to the challenges that had arisen following the acceptance of ‘transgender’ as a separate sex and they coming forward to pursue higher education and becoming an inclusive part of society.
