Rights of transgenders: DB directs J&K and Ladakh UTs to undertake exercise todetermine number of transgenders

JAMMU: In a big relief to transgenders across J&K and Ladakh UT, the Division Bench has directed Jammu and Kashmir UT as well Ladakh UT to undertake an exercise to determine the number of transgenders in the respective territories.
A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice N Kotishwar Singh and Justice Wasim Sadiq Nargal directed both the UT’s i.e., UT of J&K and UT of Ladakh are directed to undertake further exercise to determine the number of transgenders in the respective territories. The petitioner would be also at liberty to furnish the number of transgenders in both the UT’s with necessary documents if she so desires.
DB further directed in this regard, the Administration of both the UT’s may issue advertisements by widely publishing in electronic as well as in print media seeking information about the transgenders which will not only help in determining the number of transgenders who are in the Union Territory, and, but wherever necessary, they can be provided assistances by the concerned District Legal Service Authorities.
The News Now in its Feb 19 edition under caption “Rights Of Transgenders”, had carried the sentiments of the transgenders where they had expressed their thankfulness to the judiciary for considering their rights and have expressed hope for its community for securing the right to express and live a life of dignity.
Earlier after the setting up of the welfare board for the third gender, the Jammu and Kashmir and Ladakh High Court had issued directives to both the Union Territories regarding the rights of transgenders.
The High Court had asked the governments of both the UTs to prioritize the rights of transgender individuals.
In today’s directive DB directed J&K UT and Ladakh UT to undertake an exercise to determine the number of transgenders in the respective territories which has brought a sense of relief and contentment among the community .
“We are on the winning path,” an excited Kaavya Kapoor who had talked to The News Now the other day said.
DB also directed J&K State Legal Service Authority, and Ladakh State Legal Service Authority, to provide necessary assistance to any person who may claim to be a transgender and their particulars are also recorded by the Administrations.
This order has been passed in a PIL which has been taken up pursuant to certain direction issued by the Supreme Court in National Legal Services Authority vs. Union of India and others.
The UT of Ladakh has submitted its response enumerating various measures undertaken by the Administration to deal with the issues pertaining to transgenders, however, in the said response, it has been mentioned that the total number of transgenders is 6, 4 in Ladakh and 2 in Kargil, which figure has been seriously contested by Ms. Iqral Khalid contended that numbers are large and that these have not been properly identified.
Similarly, UT of J&K has filed the response in which it has been mentioned that there are 550 transgenders out of which 450 are in Kashmir Division and 100 in Jammu Division. This figure is also contended by counsel for the petitioner that thousands of transgenders have remained uncounted in both the J&K and Ladakh and as such it has been impressed upon that the proper ascertainment of the total number of transgenders living in these UT's would be necessary.
DB is also of the view that proper ascertainment of the number of transgenders district wise would be desirable so that the concerned authorities as well as District Legal Service Authorities could reach out to them to render the necessary assistance as contemplated in the direction of the Supreme Court.

Updated On 2/24/2024 3:21:56 AM