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HC asks UT administration to file status on upward mobility of transgenders 

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Srinagar: The High Court of J&K and Ladakh has asked the two Union Territory administrations to file updated status about the various directions passed by it for the upward mobility of the transgender community. 

A division bench of the court directed “we require the respondents – Union Territory of J&K as well as Union Territory of Ladakh – to submit the updated status report as regards compliance of the various directions issued by this court without fail so that appropriate orders can be passed”. 

Chief Justice N. Kotiswar Singh and Justice Moksha Khajuria Kazmi passed the direction while hearing a Public Interest Litigation on the different socio-economic hardships and “discrimination” faced by transgenders.

The counsel representing the petitioners submitted that various orders passed by the court relating to transgenders have not been complied with so far and that they continue to suffer.

Among others, he highlighted that authorities were required to conduct a census of the community and accordingly formulate programmes for their betterment. 

On March 28, 2019, a detailed order was issued relating to educational institutions, reservation in jobs, right to vote, driving license and free medical treatment, etc., in terms of the directions issued by the Supreme Court of India.

Order dated July 19, 2019, specifically called for ensuring and enabling the inclusive environment to the transgenders in J&K while the order dated October 28, 2020, related to their admission in schools and colleges.

“An array of directions were issued by this court from time to time. However, as to the steps taken by the State authorities, the same has not been placed on record, though it has been submitted that various steps have been taken,” the court observed.

It said “be that as it may, we require the respondents – Union Territory of J&K as well as Union Territory of Ladakh – to submit the updated status report as regards compliance of the various directions issued by this court as referred to above without fail so that appropriate orders can be passed.”

In this regard, the court also directed petitioners to submit suggestions as to the steps which may be required to be taken so that the same may be taken into consideration while issuing directions to the authorities concerned. The court ordered the listing of the PIL on July 19.

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