Gauhati HC adds Assam dept in PIL for transpersons in Police
Gauhati High Court

Guwahati: In a significant development, the Gauhati High Court has added the Assam Social Justice and Empowerment Department as a party respondent in a Public Interest Litigation (PIL) filed by the Assam Transgender Association.

The PIL aims to address issues related to the recruitment processes of the Assam Police and seeks suitable criteria and options for transgender applicants.

The writ petition, presented in the form of a public interest litigation, urges the Assam police department to reissue and amend a specific advertisement.

Additionally, the petition requests the formulation of suitable criteria and options, especially in physical and medical tests, for the recruitment of transgender individuals in the state police force.

The association also appeals for the formulation of future policies empowering transgender people in the state.

A division bench of the Gauhati High Court observed that the response of the state government through the respective department is necessary to address the raised concerns.

While noting that the state of Assam, represented by the director general of police, was already a party, the court decided to implead the social justice and empowerment department, Assam, as a party respondent number 4.

Consequently, the court issued a notice to the social justice and empowerment department, Assam, directing it to file a response within six weeks. The court order also instructed R.M. Das, counsel for the social justice and empowerment department, to accept the notice and file a response within the stipulated time frame.

The primary focus of the petitioners is the revision of recruitment advertisements by the Assam Police, emphasising amendments that promote inclusivity and fairness towards transgender individuals.

In a related matter, the Gauhati High Court expressed dissatisfaction with the delay in providing specific information by the Atal Amrit Abhiyan Society, Assam, regarding proposed benefits for transgender persons.

The Atal Amrit Abhiyan Society had communicated certain benefits on October 25, 2023, but the court noted a lack of specific information even after approximately three and a half months.

Notably, the National Health Authority (NHA) and the Ministry of Social Justice and Empowerment are planning to extend comprehensive healthcare benefits to transgender persons under the “AB-PMJAY-SMILE (Transgender Swasthya Suraksha)” Scheme. This scheme aims to provide healthcare benefits up to Rs 5 lakh per beneficiary per year to transgender persons across the country.

In February 2020, the Assam government approved a draft policy for the welfare of the state’s transgender community, notified in March 2020.

The policy aims to understand the factors leading to the marginalisation of the transgender community and identifies causal factors contributing to their social vulnerabilities in Assam.

It delineates principles and identifies priority areas for implementing various programs to ensure the welfare and rights protection of the transgender community in the state.

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