Gauhati High Court orders Assam Govt to address issues with Reconstructive Surgery Facility for Transgenders
Guwahati: The Gauhati High Court has directed both the Union Government and the Assam Government to address the urgent issue of insufficient medical care for transgender individuals, particularly concerning the provision of reconstructive surgery.
On Friday, the division bench, consisting of Justice Suman Shyam and Justice Mridul Kumar Kalita, underscored the gravity of the concerns raised in the petition filed by Advocate Swati Bidhan Baruah. The petition argues that despite the availability of a Central Government scheme intended to facilitate reconstructive surgeries for transgender individuals, effective implementation has been hindered in Assam due to a lack of clear guidelines and administrative action.
As reported by Live Law, the division bench observed, “We believe that the concern raised in this petition is serious and requires the immediate attention of the concerned authorities. Rather than treating this as adversarial litigation, all parties should collaborate to explore ways to address the grievances of the transgender community within the existing legal framework and in alignment with the schemes established by the Central and State Governments.”
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The court is reviewing the Public Interest Litigation (PIL) that challenges the implementation of a Central Government scheme meant to offer reconstructive surgeries for transgender individuals. Advocate Swati Bidhan Baruah, who filed the PIL, contends that despite the existence of this scheme, neither the Central and Assam State Governments have taken effective measures to address the community’s needs. The lack of clear guidelines and proper instructions has impeded the scheme’s implementation, leaving the grievances of the transgender community unresolved.
Advocate Baruah's petition argues that this lack of clarity not only undermines the rights provided under Section 15(g) of the Transgender Persons (Protection of Rights) Act, 2019 but also infringes upon the fundamental rights guaranteed by Article 21 of the Indian Constitution. Article 21 ensures the right to life and personal liberty, including the right to dignity and non-discrimination, which are crucial for the transgender community.
In response to the petition, the court has requested Advocate General D. Saikia's assistance to provide guidance on the matter. Additionally, the court has directed the Deputy Solicitor General of India to obtain specific instructions regarding the issues raised and report back by September 26, 2024.
The establishment of the reconstructive surgery facility is anticipated to significantly improve health outcomes and enhance the quality of life for transgender individuals in Assam. The Gauhati High Court's ruling highlights the judiciary's critical role in advocating for the rights of all citizens and ensuring that essential services are accessible to those in need. This decision underscores the importance of implementing supportive measures and aligning them with existing schemes to meet the specific needs of the transgender community effectively.
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