SANJAY KAROL, CJ.:–Following questions arise for consideration:—

(i) What is the nature of the duty cast upon the State to assimilate the members of the transgender community into the main stream of society and, reduce progressively, and eliminate discrimination against such a community?

(ii) Does not the State owe positive duty to create avenues of employment for transgender persons in a manner that they are enabled in becoming, in true sense citizens of the country as recognized by the Constitution?

2. The present writ petition highlights the extremely difficult conditions faced by the transgender community within the State of Bihar during the period of the Pandemic (COVID-19). The Petitioner drew our attention to various incidents such as denial of rations to certain persons belonging to the Transgender Community as also asking the Government to provide 25kg rations to all members of such community; monetary assistance of Rs. 5000/-; Rs. 2000/- for rent for a period of at least six months; set up of a speedy grievance redressal system; and establish facilitation centre; etc.

3. This Court, appreciating effort taken to highlight the sorry condition in which people of the transgender community (hereinafter referred to as TGC), were living within the State of Bihar, vide order dated 01.05.2020 noted that as per the 2011 census more than 40 thousand people, of TGC living within the State were facing certain issues. Reference was made to the Transgender Persons (Protection of Rights) Act, 2019 (hereinafter referred to as the Act) to underline the responsibility of the State to undertake welfare measures for people of the community. Relevant portion of the order dated 01.05.2020 is quoted hereunder:—

“The Transgender Persons (Protection of Rights) Act, 2019 (hereinafter referred to as ‘the Act’) was enacted to provide for protection of rights of transgender persons and their welfare and for matters connected therewith and incidental thereto.

As per the Act, no person or establishment shall discriminate against a transgender in the matter of education, employment, occupation, health, enjoyment of goods, accommodation, services, facilities etc. In fact, by virtue of the provisions contained in Chapter III thereof, identity of the transgender persons stands recognized with a right to have proper record maintained by the authorities. Section 8 mandates the appropriate authority, which in the instant case, as per definition (Section 2) would be the State, is required to take certain welfare measures. For ready reference Section 8 reads as under:—

“8. (1) The appropriate Government shall take steps to secure full and effective participation of transgender persons and their inclusion in society.

(2) The appropriate Government shall take such welfare measures as may be prescribed to protect the rights and interests of transgender persons, and facilitate their access to welfare schemes framed by that Government.

(3) The appropriate Government shall formulate welfare schemes and programmes which are transgender sensitive, non-stigmatising and non-discriminatory.

(4) The appropriate Government shall take steps for the rescue, protection and rehabilitation of transgender persons to address the needs of such persons.

(5) The appropriate Government shall take appropriate measures to promote and protect the right of transgender persons to participate in cultural and recreational activities.”

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Also the State shall consider providing a Facilitation Centre a one Point Centre dealing with all problems- for the members of the community at the grass root level, which can be similar to the Anganwari system prevalent in the State of Bihar.”

4. Further, vide order dated 27.08.2020, the Principal Secretary, Social Welfare Department, Government of Bihar, as well as Government of India were directed to file an affidavit with respect to compliance of the provisions