Have taken steps to protect rights of third gender, set up Transgender Welfare Board: Bihar to SC

New Delhi, Nov 5 (PTI) The Bihar government has told the Supreme Court that it has taken all "possible steps" to protect the rights of the transgender community, including establishing a State Transgender Welfare Board to monitor their social development.

A bench headed by the then Chief Justice S A Bobde (since retired) on April 12 this year had sought responses from the Centre and states on a plea of Kinner Maa Eksamajik Sanstha Trust seeking directions to establish a transgender welfare board to address their social welfare issues.

Filing the reply affidavit, Rakesh Ranjan, the Assistant Director of the Social Welfare Department of Bihar government, said, "All possible steps are being taken so that the rights of the transgender community is protected and they could live a respectful life like any other citizen in the country.” The state government said the Bihar State Transgender Welfare Board has been constituted in 2015.

“The measures for the social development of the transgender community are being implemented and monitored by the Board from time to time. Its composition included the members of the transgender community to ensure their recognition and empowerment.” The state said that other welfare measures are also being taken and a case on this issue is being monitored by the Patna High Court which has been passing several orders from time to time.

“For the welfare of the transgender community, several decisions have been taken with regard to the establishment of ‘Facilitation Centre’ at the district level in which at least two members of the transgender community are included as members,” the state said.

A separate web portal for the third gender has been prepared to disseminate relevant information such as legal provisions about the third gender, it said.

“Besides, at least half a dozen short films or documentary...will be developed with the help of the transgender community members,” it said.

The Sikkim government, meanwhile, also filed its response to the plea and said that no order was needed to be passed to it as there was “no registered transgender person in the state of Sikkim and no certificate of identity has been issued to any person under...the Transgender Persons (Protection of Right ) Act, 2019.” Earlier, the bench had issued notice on the PIL filed by the Mumbai-based organisation.

The petitioner also sought appointment of a standing committee by the Centre and states comprising SHO and human rights activist to promptly investigate reports of gross abuses by police of transgender persons.

The plea said that transgender people have suffered discrimination for ages in the matters of housing, health, education and employment.

"Transgender people are deprived of social and cultural participation and hence they have restricted access to education, health care and public places, which further deprives them of the constitutional guarantee of equality before the law and equal protection under laws," said the plea.

Citing the 2011 Census, the plea contended that total population of transgenders is around 4.87 lakh with a literacy rate of 57.06 per cent.

"Transgender people should be treated with the same dignity and respect as anyone else and be able to live and be respected, according to their gender identity. But transgender people often face serious discrimination and mistreatment at work, school, and in their families and communities," said the plea.

The petitioner emphasised that the transgender community faces stigma and discrimination and they live in poor conditions. PTI SJK SMN SMN