Madras High Court asks Centre, state of stand on transgender rights bill
The judge pulled up the state government for not implementing the order of the Madras high court.
CHENNAI: The Madras high court directed the Central Government to inform the court that whether it would take any action to enact the Bill - “The Transgender Persons (Protection of Rights) Bill 2016’ as a statute. When petitions filed by R. Vishwaa and another by S. Tharika Banu, transgender women, came up for hearing before Justice N. Kirubakaran, the judge pulled up the state government for not implementing the order of the Madras high court with regard to the reservation to transgender.
The judge directed the government to take a decision before November 27, 2017. The judge warned that failing which the health secretary and secretary, social welfare department have to appear before the court. Referring to order passed by the First Bench of Madras high court, which directed the state government to take a decision with regard to the reservation for transgender within a period of six months, Justice N. Kirubakaran said, “The period of six months is already expired and even today it is stated that the decision is being considered. If time granted by the court is not sufficient the authorities should have moved the appropriate court for an extension of time. No such steps have been taken. Authorities cannot postpone the issue of making the reservation to transgenders indefinitely and therefore time is granted to take a decision on or before November 27, 2017.
The Central government has introduced a Bill - “The Transgender Person (Protection of Rights) Bill 2016 in Lok Sabha on August 2, 2016, and the Lok Sabha referred it to the department related to Parliamentary Standing Committee on September 12, 2016, for examination and report and the committee submitted its report on July 21, 2017. The judge directed the Central Government to inform the court as to whether it would take any follow-up action to make the bill as a statute. The decision is required to be taken at the earliest because the transgender community is suffering and they are unable to even use the public facilities like washroom for their convenience and if any right is given under the proposed act definitely it will also address this problem also, the judge said. The judge then posted the matter for further hearing to November 27, 2017.