Any reservation for transgender community in J&K? Jammu & Kashmir High Court asks

The High Court of Jammu and Kashmir and Ladakh recently asked sought the government's response on whether any reservation has been earmarked 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 sought a response on this aspect while dealing with two public interest litigation (PIL) petitions filed in the interest of the transgender community's welfare and seeking the enforcement of their rights, as outlined in the Supreme Court's landmark NALSA ruling.

In earlier orders, the High Court had issued an array of directions to aid the transgender community.

In response to the Court's queries, the Election Commission of India and the Unique Identification Authority of India (UIDAI) had also assured the Bench that sufficient steps have been taken to ensure that transgender persons are able to exercise their right to vote in elections and face no difficulty in obtaining Aadhaar cards.

Other welfare directives issued by the Court included those to consider replicating welfare schemes being implemented in other parts of India, ensuring the admission of transgender students to schools and colleges so that their fundamental right to education is protected, considering the implementation of reservation for transgender candidates in jobs/ public employment, directions to consider conducting a census to determine how many transgender persons are there in Jammu and Kashmir and Ladakh, and to set up a welfare Board to examine issues faced by the transgender community.

In an order passed in May this year, however, the petitioners pointed out that several of these directives are yet to be implemented by the administration. The Court, therefore, sought updated status reports from the government.

Notably, one of the issues taken note of in earlier hearings was difficulties faced by transgender persons in accessing medical treatment in hospitals.

The Court had earlier ordered the authorities to ensure that no police personnel, doctor or hospital denies equal treatment to transgender persons.

In the latest hearing of the matter on October 16, the Court was assured by the Deputy Solicitor General of India (DSGI) TM Shamsi that all medical care and other facilities are available for transgender individuals at hospitals.

The DSGI also informed the Court that a committee has been constituted to identify the number of transgender persons and address their grievances.

The Court has now called for a fresh report on the actions taken by this committee.

The Court also asked for a report of the names of hospitals where medical care facilities are being ensured for transgender persons.

Further, the Court has sought a detailed report on whether any schemes would be framed on the grant of pensionary benefits for the transgender community.

The matter is listed next on December 4, 2024.

Senior Advocate Jayna Kothari with Advocate Iqra Khalid appeared for the petitioners.

DSGI TM Shamsi with Advocate Rehana Qayoom and Government Advocate Fahim Nisar Shah appeared for the respondent-authorities.

[Read Order]