Madras HC while observing that Transgender Rights, who are facing severe stigma in the society, have to be protected, directed Central Govt. to expedite the passage of a pending legislation on their rights.
Justice N Kirubakaran expounded that,”It is high time Government took serious steps to get The Rights of Transgender Persons Bill passed.”
He has suo motu impleaded secretaries of Union Health and Family Welfare, Social Justice and Empowerment and Law and Justice as the party respondents in a Writ Petition from a transgender.
S Srinivasan, Assistant Solicitor-General took notice for newly added respondents, Additional Government Pleader V Anandamoorthy took notice on behalf of State authorities.
Order-
High Court has directed ASG to get the replies from Centre by September 4, as to when Bill would be passed by Lok Sabha, as it is pending before it for more than two years.
Coming to case in hand, Justice Kirubakaran pointed out a report from the Apollo Hospitals, which stated that the Petitioner who was physically a female and psychologically a male, had undergone the sex-reassignment surgery and had thus become a male on August 27, 2016 and that he had also undergone all the investigation and the psycho-legal counselling.
Citing report, High Court added that Petitioner has now become a full-fledged male both physically and psychologically.
Thus Madras HC concluded that “The request of petitioner to change his name and sex in educational certificates has to be carried out by Authorities within the four weeks”.
The Rights of Transgender Persons Bill, introduced in 2014 and passed in the Rajya Sabha in the year 2015, is still pending before Lok Sabha.
At the time of introduction of Bill, it was stated that there were about 4.50 lakh transgenders in India.
Justice Kirubakaran stated that, “Actual number could be 20 lakh now, thus it is high time now that the Central Govt. should take serious steps to get Bill passed.”
The matter has been posted for further hearing on September 4, 2017.
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