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SANJAY KAROL, S. KUMAR
Veera Yadav – Appellant
Versus
Chief Secretary, Government of Bihar, Main Secretariat, Patna – Respondent
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.
Transgender individuals are entitled to horizontal reservation as a distinct gender identity, and any classification treating them as a caste is unconstitutional and arbitrary.
Retransmission of prior news not offence under BNS 353; state must implement transgender welfare schemes for dignity and inclusion.
Recognition of transgender as 'third gender', right to self-identified gender, and the directive for legal recognition, reservation, and social welfare schemes for transgender persons.
(1) Same sex marriage – There is no unqualified right to marriage guaranteed by Constitution – Marriage is a social institution and in our country, it is conditioned by culture, religion, customs and....
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