The High Court of Jammu and Kashmir and Ladakh recently sought the government’s response on whether any reservation is provided for the transgender community in these Union Territories [Aijaz Ahmad Bund and ors v. Union Territory of J&K].
Chief Justice Tashi Rabstan and Justice Puneet Gupta raised this question while considering two public interest litigation (PIL) petitions aimed at promoting the welfare of the transgender community and ensuring the enforcement of their rights, as laid out in the Supreme Court’s landmark NALSA ruling.
In previous orders, the High Court had issued various directives to support the transgender community. The Election Commission of India and the Unique Identification Authority of India (UIDAI) assured the Court that necessary measures have been taken to ensure that transgender individuals can vote and obtain Aadhaar cards without difficulty.
Additionally, the Court directed the authorities to consider implementing welfare schemes from other regions of India, ensure that transgender students have access to education, explore reservation for transgender candidates in public employment, conduct a census to determine the number of transgender individuals in Jammu, Kashmir, and Ladakh, and establish a Welfare Board to address the community’s challenges.
In a May 2024 order, the petitioners highlighted that many of these directives had yet to be implemented. The Court, therefore, requested updated status reports from the government.
During earlier hearings, the Court also addressed issues like difficulties faced by transgender individuals in accessing medical care. It had ordered authorities to ensure that no police personnel, doctor, or hospital discriminates against transgender persons in providing medical treatment.
At the latest hearing on October 16, 2024, Deputy Solicitor General of India (DSGI) TM Shamsi assured the Court that hospitals are providing all necessary medical care and facilities to transgender individuals. He also informed the Court that a committee has been formed to identify transgender individuals and address their concerns.
The Court has now requested a fresh report detailing the actions taken by this committee. Additionally, it asked for a list of hospitals where medical care for transgender individuals is being provided. The Court also sought information on whether there are plans to develop pension schemes for the transgender community.
The next hearing is scheduled for December 4, 2024.
Senior Advocate Jayna Kothari, along with Advocate Iqra Khalid, represented the petitioners, while DSGI TM Shamsi, Advocate Rehana Qayoom, and Government Advocate Fahim Nisar Shah appeared for the respondent authorities.
