Jharkhand High Court Directs State To Constitute Transgender Welfare Board In Two Weeks

The Court was hearing a Public Interest Litigation by Jharkhand Trans Collective.

The bench of Justice Sujit Narayan Prasad and Justice Arun Kumar Rai observed, “So far as the constitution of Transgender Welfare Board is concerned, this Court is of the view that the same is to be constituted within a period of two weeks from today.”

Advocate Ritik Raj appeared for the Petitioner.

The Court noted that the State mentioned various beneficial actions taken by it in favour of Transgenders in its counter affidavit however, no positive response was given for the constitution of Transgender Welfare Board which is a requirement of law as per the decision of the Apex Court in the case of National Legal Services Authority v Union of India 2014 (5) SCC 438.

The Court stated that it is unfortunate on the part of the State of Jharkhand that even though the Transgenders are the third gender in the society but still the stand of the State is that the issue of the constitution of Transgender Welfare Board is under consideration.

The Court impleaded the Jharkhand State Legal Services Authority through the Member Secretary and an affidavit from him calling upon a report from the respective Secretaries of the DALSA to corroborate the fact that as to whether the beneficial schemes which have been launched by the State Government as referred in the counter affidavit filed on behalf of the respondent State of Jharkhand are available in the respective districts of the State of Jharkhand or not.

Finally, the Court directed the communication of the order to the Chief Secretary, State of Jharkhand, for needful.

Cause Title: Jharkhand Trans Collective v. Chief Secretary, State of Jharkhand

Appearance:

Appellant: Adv. Ritik Raj

Respondent: AC to AAG-II Gaurav Raj