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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sudhir Mittal, J.
Yashika Alias Ashish Kumar – Appellant
Versus
Panjab University, Chandigarh & Ors. – Respondents
CWP-5782-2022
Decided On : 16-11-2022
Transgender Rights - Discrimination in Educational Institutions - The court found that the petitioner's right against discrimination was violated due to the non-availability of proper hostel accommodation in the educational institution, and emphasized the need for the Transgender Welfare Board to take more effective steps to address such issues.
Fact of the Case:
The petitioner, a transgender person, approached the court as proper hostel accommodation was not being provided in the Panjab University. The petitioner was temporarily housed in the Working Women's Hostel, but the larger issue remained unresolved.
Finding of the Court:
The court found that the petitioner's right against discrimination was violated due to the non-availability of hostel facilities, and emphasized the need for the Transgender Welfare Board to take more effective steps to address such issues. The Chairman of the Transgender Welfare Board was directed to be present in person in Court on the next date of hearing.
Issues: The issues involved the violation of the petitioner's right against discrimination and the non-availability of proper hostel accommodation in the educational institution.
Ratio Decidendi: The court emphasized the prohibition of discrimination against transgender persons as per the Transgender Persons (Protection of Rights) Act, 2019, and the obligation of the appropriate Government to take necessary steps for their welfare and inclusion in society.
Final Decision: The case was adjourned to the next date of hearing, and the Chairman of the Transgender Welfare Board was directed to be present in person in Court.
JUDGMENT
1. Learned counsel for respondents No. 6 to 8 refers to the written statement to submit that a Transgender Welfare Board has been constituted in 2017 i.e. prior to the passing of the Transgender Persons (Protection of Rights) Act, 2019. The said Board has held a total of seven meetings till date and has taken major steps to sensitize people. Online training programmes have also been conducted for this purpose and for increasing awareness in the concerned Government departments. An anti-discrimination cell has been set up in the Panjab University apart from provision of toilets and other steps taken for their medical welfare.
2. A perusal of the provisions of the Act show that discrimination against transgender persons is prohibited. The appropriate Government has been obligated to take necessary steps for their welfare and inclusion in Society. Educational institutions have been obligated to provide inclusive education. The statute also envisages provision of social security and adequate health care facilities.
3. Facts of this case show that a transgender person had to approach this Court as proper hostel accommodation was not being provided in the Panjab University. Subsequently, the petitioner has been housed in the Working Women's Hostel which has temporarily taken care of the situation. However, the larger issue still remains to be addressed. Due to non-availability of hostel facilities the right of the petitioner against discrimination was violated as was the right to acquire education at par with others. Although the petitioner had submitted complaints in this regard to the Union Territory Administration also no relief was granted and, thus, it is essential to ensure that bodies such as the Transgener Welfare Board acquire teeth and do not remain cosmetic features. Meetings should be held more frequently so that issues likely to arise in the future can be anticipated.
Adjourned to 15.12.2022.
4. The Chairman of the Transgener Welfare Board is directed to be present in person in Court on the next date of hearing.
AI
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