“This Court considers it unfortunate on the part of the State of Jharkhand that even though the Transgenders are the third gender in the society but still the stand of the State of Jharkhand is that the issue of constitution of Transgender Welfare Board is under consideration.”
The Jharkhand High Court’s division bench comprising Justices Sujit Narayan Prasad and Arun Kumar Rai said above while hearing a Petition related to constituting the Transgender Welfare Board as per the requirement of law.
A counter affidavit has been filed wherein so many beneficial actions have been said to be taken by the State of Jharkhand in the interest of the Transgenders.However, the prayer so far as it relates to constituting the Transgender Welfare Board as per the requirement of law and the decision of the Apex Court in the case of National Legal Services Authority v Union of India and Others reported in 2014 (5) SCC 438, no positive response has been given. However, it has been stated that it is under consideration.
The question herein is that when the legislation has been made to take care of Transgenders by promulgating the Rules as Transgender Persons (Protection of Rights) Rules, 2019 which is five years back, but still the stand of the State of Jharkhand is that the issue of constitution of Welfare Board for the Transgenders as mandated under Rule, 2019 based upon the judgment passed by the Apex Court in the case of National Legal Services Authority v Union of India and Others (Supra), is still under consideration, the Bench noted.
“How can such stand be allowed to be taken by the State of Jharkhand when the interest of third gender, i.e., Transgenders, is involved. “
The various beneficial schemes for the purpose of extending the same in favour of the Transgenders have been stated in the counter affidavit.
The Court, in order to have a report regarding the factual aspect on surface, is of the view that the Jharkhand State Legal Services Authority (JHALSA) through the Member Secretary is required to be impleaded as party to the proceeding.
The Court directed that let an affidavit be filed by the Member Secretary, JHALSA calling upon report from the respective Secretaries of the District Legal Services Authority (DALSA) for the purpose of corroborating the fact that as to whether the beneficial schemes which have been launched by the State Government as referred in the counter affidavit filed on behalf of respondent State of Jharkhand are actually available in the respective districts of the State of Jharkhand or not.
So far as the constitution of Transgender Welfare Board is concerned, the Court is of the view that the same is to be constituted within a period of two weeks .
“Such direction is being passed taking into consideration the very object and intent of the Rule, 2019 as also the command of the Hon’ble Apex Court as per the judgment passed in National Legal Services Authority v Union of India and Others (Supra) which is binding upon the High Court in view of Article 141 of the Constitution of India “, the Bench said while posting the matter on 14.05.2024.