Excelsior Correspondent
Srinagar, Feb 5: High Court today directed the Government to inform it as to whether any objection raised has been incorporated in the policy made with regard to providing constitutional rights to transgenders in the State.
The Division Bench of Chief Justice Badar Durrez Ahmad and Justice Ali Mohammad Magrey directed the Law Department to furnish its response to the objections which have been raised by the petitioner to the policy made by the Government, and indicate in the response as to whether any of the objections have been incorporated in the policy.
Court directed that this exercise be done positively within two weeks. It also directed the Law Department to finalize the policy for the purpose of vetting. “This has to be done after taking into account the objections of the petitioner. A copy of the finalized policy shall be placed before this court”, DB directed.
The petitioner submitted before the court that he has filed his objections to the draft policy formulated by the Department of Social Welfare concerning transgenders
Petitioner had submitted that the draft policy is not consistent with the direction issued by the Supreme Court and consequently he was permitted by the court to submit his objections to the Law Department.
A copy of the objections was also sent to the Law Department for their consideration before finalization of the policy as such court today directed the Law Department to furnish its response to the objections and indicate as to whether any of the objections have been in the policy.
Petitioners have approached the court for protection of constitutional rights for transgenders in the State and are praying that the State Government be directed to implement the judgment of Apex Court passed in a petition titled National Legal Services Authority Vs Union of India in letter and spirit.
They in their petition submitted that the State Government is duty bound to fulfill their necessities and till date it has failed to provide any concrete relief to them.
“The Government should acknowledge the transgenders of Jammu and Kashmir as a marginalized and vulnerable section and therefore introduce reservations in educational institutions and government jobs for them,” the PIL reads.
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