WP(C) No. 13930 of 2015 (Suo Motu Public Interest Litigation on Transgender Rights, Kerala)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** ## **THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** ## **&** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY** **WEDNESDAY, THE 8[TH] DAY OF DECEMBER 2021 / 17TH AGRAHAYANA, 1943 WP(C) NO. 13930 OF 2015** ## **PETITIONERS:** **SUO MOTU** **[PETITIONER (PARTY -IN-PERSON) HAS EXPIRED AND AS PER ORDER DATED 11.3.2019,THIS PIL IS REGISTERED AS SUO MOTU CASE]** **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT REPRESENTED BY ITS SECRETARY, GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **3 UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT, MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, A WING, 6[TH] FLOOR, SHASTRI BHAVAN, NEW DELHI-110 011.** **ADDL.4 THE MEMBER SECRETARY KERALA STATE LEGAL SERVICES AUTHORITY, NIYAMASAHAYA BHAVAN, HIGH COURT COMPLEX, ERNAKULAM** **[IS SUO MOTU IMPLEADED AS ADDITIONAL R 4 AS PER ORDER DATED 17/11/2021 IN WPC.]** **BY ADVS. SRI.K.R.RANJITH,GOVERNMENT PLEADER SMT.H.SUBHALEKSHMI, CGC B.G.HARINDRANATH SRI.HARISH VASUDEVAN, AMICUS CURIAE** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).13930/2015 2 ## J U D G M E N T Dated this the 8[th] day of December, 2021 ## Shaji P. Chaly, J This public interest litigation is filed by Adv Basil Attipetty, seeking directions to the State Government to come forward with positive steps to ameliorate the agony, fate and plight of transgenders in Kerala in accordance with Exhibit P2 judgment of the Hon'ble Supreme Court in ## **National Legal Services Authority v. Union of India and Others** reported in **[2014 (5) SCC 438]** ; to direct the Department of Social Justice and Empowerment, Government of Kerala/2[nd] respondent to take urgent steps for taking census and collect details of transgenders in Kerala; direct the Union of India, Department of Social Justice and Empowerment, Ministry of Social Justice and Empowerment, New Delhi/3[rd] respondent to grant adequate financial aid to State of Kerala to take steps to ameliorate the agony, fate and plight of transgenders in Kerala. Apart from the same, other incidental reliefs are also sought for in the writ petition. 2. The writ petitioner died and therefore, as per an order dated 11.3.2019, a Division Bench of this Court has converted the writ petition as a suo moto litigation. WP(C).13930/2015 3 3. The paramount contention advanced in the writ petition is that the State and the Central Government are not taking adequate action to protect the interest of transgenders within the State of Kerala. That Apart, it is pointed out that though the Hon'ble Supreme Court, in **National Legal Services Authority** (supra), has issued peremptory directions in the judgment, no action is taken by the State Government in order to comply with the directions. It is also submitted that the Hon'ble Supreme Court has declared that the transgenders should be treated as a third gender enabling them to avail privileges in the society as declared by the Hon'ble Supreme Court in the judgment cited supra. Various other scientific aspects are pointed out by the petitioner in regard to the biological aspects and chromosomal aberrations of these transgenders, thus, to say that it is a psychological disorder. In effect, the contentions in the writ petition show that since the State Government is not taking any action for the general welfare and well-being of the transgenders and the failure on the part of the Government to treat them at par with other two genders in the society is violative of Articles 14, 15 and 21 of the Constitution of India. Petitioner has also produced certain paper reports in regard to the inaction on the part of the State Government in implementing the directions contained in the judgment of the Apex Court in **National Legal Services Authority** (supra). WP(C).13930/2015 4 4. Anyhow, the petitioner has, as per a registered letter dated 11.12.2015 addressed the Chief Secretary of the State to do the necessary, in order to ventilate the grievances of the transgenders. According to the petitioner, the State Government has failed to make any response to the same, which persuaded the petitioner to approach this Court seeking the reliefs specified above. 5. It is only appropriate to point out that the writ petition was filed in the year 2015 and during the pendency of the same, the Government of India has enacted the Transgender Persons (Protection of Rights) Act, 2019 (for short 'Act, 2019'), an Act to provide for protection of rights of transgender persons and their welfare, and for matters connected there with and incidental thereto. 6. State Government has filed a statement as early as on 14.7.2015, whereby it is stated that consequent to the direction of the Apex Court in **National Legal Services Authority** (supra), various meetings have been convened by the Government at the level of Additional Chief Secretary, Social Justice Department to discuss the measures to be taken by the State Government for the welfare of transgender community in the State; that meeting was also attended by members of 'Sangamam', Kochi, an NGO representing transgender community and they have explained various problems faced by the WP(C).13930/2015 5 community and shared their views on the measures to be taken by the Government for the welfare of this community. It is further submitted that based on the decision taken in the meeting, the Director of Social Justice Department has been directed to assemble various welfare schemes to be implemented for this community, which includes antidiscrimination clause for work places, implementation of self help groups at Taluk level, constitution of State Board for transgenders, prevention of sexual harassment at work places, training programs for teachers for various educational institutions etc. It is further submitted that Director of Social Justice has also been instructed to make sure that all schemes would benefit transgender community after consultation with the representatives and accordingly, the Director of Social Justice Department has prepared a draft transgender policy for the State and the same was published in the website of the Social Justice Department for obtaining the views and comments from the public. At that point of time, it is also submitted that the Director has prepared a draft transgender policy for approval and placed before the Government and the draft policy includes various welfare schemes to be implemented for this community and also envisages the formation of Transgender Welfare Board in the State and after examining the same in detail, necessary steps would be taken by the Government in regard to the same. WP(C).13930/2015 6 7. The Union of India has also filed a statement dated 12.8.2015, whereby it is submitted that an expert committee was constituted under the Chairmanship of Additional Secretary, to make an in-depth study of the problems faced by transgender community and the committee submitted its report on 27.1.2014. The Union Government has also accepted the definition given by the expert committee that “transgender persons are those persons who own sense of gender that does not match with the gender assigned to them at birth, and they will include transmen and trans-women, whether or not they have undergone sex reassignment surgery or hormonal treatment or laser therapy, gender queers and a number of socio-cultural identities such as Kinnars **,** Hijaras **,** aravanis, etc. According to the Union Government, lesbian, gay and bisexual persons may not be included in the category of transgender persons. However, it is pointed out that the expert committee has made certain key recommendations, which are as follows: - “i. Transgender should be declared as the third gender, and a transgender person should have the option to choose either 'man', 'woman' or 'transgender' as well have the right to choose any of the options independent of surgery/ hormones. Only the nomenclature 'transgender' should be used and nomenclatures like 'other' or 'others' should not be used. - ii. An Umbrella Scheme for transgender persons may be formulated for empowerment of this community. - iii. To cope up with trauma and violence crisis counselling services could be set on the model of Rape and Crisis Intervention Centres. - iv. Criminal and disciplinary action against delinquent police officials in cases of violation of human rights of transgender persons. - v. Government should provide scholarships/entitlements, fee waiver, WP(C).13930/2015 7 free textbooks, free hostel accommodation and other facilities at subsidized rates for students belonging to this group. - vi. Generate more data/information to identify and understand the problems related to various aspects of their life and help frame policies through research and academic programs. - vii. A National Council for Transgender persons may be considered on similar lines as that of the National Councils for Senior Citizens. - viii. To carry out survey for ascertaining their population in the country.” ## 8. This court has appointed Adv Sri Harish Vasudevan as Amicus Curiae in order to identify the challenges faced by transgenders and the learned counsel has filed a detailed report dated 5.2.2021, also making preliminary suggestions as follows: - “Proper census of transgenders has to be completed within a stipulated time frame. - Identity Cards shall be issued to all transgenders through proper online registration by giving enough public awareness for the said process. - Proper gender awareness shall be conducted in the grass root level to avoid gender inequality from the public. - Proper empowerment and capacity building mechanism has to be provided at the District level for the effective upliftment of transgenders. - The fair effective functioning of Rehabilitation Centre at District level shall be continuously monitored by each District Collectors. - Separate sanitation facilities shall be provided in all public institutions to meet their requirement. - Regular meetings of District Transgender Justice Boards and State Board shall be conducted so as to meet the purpose of such boards. - Sufficient fund allocation for the proper implementation of the provisions of Transgender Person's (Protection of Rights) Act 2019 shall be made in the budget.” WP(C).13930/2015 8 9. Kerala State Legal Services Authority/4[th] respondent has also filed a report identifying transgenders in various places in the State of Kerala, and taking adequate steps to protect their interests, which reads thus: “On receipt of the order of the Hon'ble High Court, this Authority as per letter dated 17.01.2020 directed the District Legal Services Authorities (DLSAs) to take steps to conduct awareness programmes for transgenders about the welfare measures including the online registration. Apart from that, during the 45 days Pan India Legal Awareness & Outreach Campaign, i.e., from 02[nd] October, 2021 to 14[th] November, 2021, awareness classes were conducted by DLSAs for the welfare of transgenders and also provided necessary help for online registration and also given food kits. With the effort of DLSA Kottayam, a Transgender Clinic started functioning at Medical College Hospital, Kottayam. One Para Legal Volunteer is deputed for assistance to the transgenders. As on 31.03 2020, there were about 246 transgenders in the district. The total number of out-patients in the clinic is 163. 42 surgeries were conducted. During the challenging period of Covid-19, DLSA has ensured availability of food and clothes to them. In the meeting held on 24.11 2021, they demanded the assistance of legal services authority for notary attestation for obtaining identity cards. The assistance of low-cost notary attestation was provided as demanded. As a result of the intervention of DLSA, Kollam, transgenders of the district were given identity cards by the Department of Social Justice on 11.02.2021. Covid-19 vaccination camp was arranged WP(C).13930/2015 9 on 16.07.2021 with the help of the Department of Social Justice and 40 transgenders were vaccinated and they were provided sanitizer and face masks. DLSA, Manjeri had conducted an awareness programme for the transgenders about the welfare measures and online registration on 27.01.2020. 45 transgenders attended the programme. DLSA, Palakkad conducted an awareness class and interactive session on 10.11.2021. DLSA, Thrissur, conducted an awareness programme on 06.11.2021. 56 transgenders participated. The transgenders who had achievements in different fields were honoured . DLSA had arranged notary attestation of their affidavits for obtaining identity cards, free of cost. All of them were provided food kits. DLSA, Kasaragod, conducted an awareness class and interactive session on 16.09.2020. They also provided food kits. Again on 13.10.2021 as part of the Pan India Legal Awareness and Outreach Campaign conducted an interactive session on 13.10.2021. DLSA, Kazhikode had conducted awareness programmes on 11.02.2020 and 25.11.2020. 75 transgenders participated in the programme. On 26.11.2020, Covid -19 vaccination camp was conducted and given vaccination for 23 transgenders. DLSA, Pathanamthitta conducted an online awareness programme on 31.10.2021. 50 transgenders participated in the programme. DLSA, Thiruvananthapuram conducted an online awareness session for the trangenders on 07.10.2021 Apart from that on 31.10.2021, a Legal Services Camp and Expo was conducted at Thiruvananthapuram in which the paintings of transgenders were also exhibited. WP(C).13930/2015 10 In the year 2019, DLSA, Kannur had conducted one awareness class, one interactive session with police officers and a Special Adalat. It is submitted that the Kerala State Legal Services Authority intends to conduct more awareness classes to make the transgenders aware of their legal rights, welfare measures etc. based on the decision of the Hon'ble Supreme Court, NALSA Vs. Union of India.” 10. As per the directions issued by this Court, on 17.11.2021, the State Government has filed a statement dated 3.12.2021, explaining the steps taken by the State Government for the implementation of the transgender policy. Following are the Government Orders issued, in order to secure the welfare and other measures of the transgender community: ## GO(Rt) No. 493/2015/SJD dated 03.08.2015 Government Order issued for providing financial assistance to those transgender students who have under gone the Sex-Re Assignment Surgery. Government has consolidated Rs.62,50,000/- for the same. ##  G.O.(Rt) No. 396/2017/SJD dated 21.06.2017 Government Order issued for providing driving classes for training for five selected transgenders in each district for the better selfemployment opportunities. The Government has consolidated Rs.5,95,000/- for the same. ##  G.O.(Rt) No. 595/2017(SID) dated 14.09.2017 WP(C).13930/2015 11 Government Order issued for providing training for employment skill development. The Government has consolidated Rs.70 lakhs for the sustenance of the transgenders who are facing great issues in their daily life. ##  G.O.(Rt) No. 25/2018/SJD dated 21.01.2018 Government Order issued for including representatives of transgender persons in the District Transgender Justice Board. - G.O.(Rt) No. 86/2018/SJD dated 20.2.2018 Government Order issued for the formation of Transgender Cell under the Directorate of Social Justice and the Government has consolidated Rs.17,71,800/-for the same.  G.O(Rt) No. 145/2018/SJD dated 20.03.2018 Government Order issued for providing educational programme in tune with Samanwaya Continuing education programme of the Kerala State Literacy Mission. The Government has consolidated Rs.35,00,000/ for providing scholarship to transgenders in 4[th] Std., 7[th] Std., 10[th] Std., Higher Secondary, providing shelter homes during the educational period, training for employment. - G.O.(Rt) No. 605/2018 SJD dated 25.10.2018 Government Order issued for providing financial assistance for the legally married transgenders. The Government has consolidated Rs.30,000 each for ten transgenders. ##  G.O.(Rt) No.652/2018/SJD dated 14.11.2018 Government Order issued for providing financial aid and further treatment for the transgenders who have done Sex Re-Assignment surgery. The Government has consolidated Rs.18,00,000/- for the same for a period of one year. ##  G.O(Rt) No. 658/2018/SJD dated 15.11.2018 Government Order issued for providing financial assistance for selfemployment of the transgender persons. WP(C).13930/2015 12 ##  G.O.(Rt) No. 388/2019/SJD dated 28.06.2019 Government Order issued for using the term "Transgender" in the registry for addressing the transgender community.  G.O.(Rt) No. 424/2019/SJD dated 10.07.2019 Government Order granting administrative sanction for conducting Kalolsavam (Varnapakittu 2019) for transgenders. - G.O.(Rt) No. 477/2019/SJD dated 30.07.2019 Government Order issued as per the judgment dated 08.06.2020 in W.P.(C) 20056/2018 for issuing guidelines for registering the gender status of the transgender persons. - G.O.(Rt) No. 612/2019/SJD dated 29.09.2019 Government Order granting administrative sanction for conducting online survey to make sure the gender rights and gender equality of the transgender community. - G.O.(Rt) No. 684/2019/SJD dated 30.10.2019 Government Order issued for sanctioning the amount spent for functional inauguration of care home/short stay home for transgenders. - G.O.(Rt) No. 137/2020/SJD dated 07.03.2020 Government Order issued for fixing the period of State Transgender Justice Board and District Level Transgender Justice Board as 3 years. - G.O.(Rt) No. 256/2020/SID dated 19.06.2020 - Government Order granting administrative sanction for utilizing the necessary amount from the fund kept for transgender welfare for the financial year 2020-21 for arranging hostel facilities to transgender students. ##  G.O.(RO) No. 257/2020/SJD dated 19.06.2020 Government Order granting administrative sanction for implementing a career development programme for transgenders WP(C).13930/2015 13 namely "Economic Empowerment Hub (E2 Hub)" through the Kerala State Social Welfare Board. - G.O.(Rt) No. 261/2020/SJD dated 20.06.2020 - Government Order granting permission for conducting workshops for the preparation of the draft State Transgender persons (Protection of Rights) Rules and for utilizing the necessary fund for the same from the welfare fund kept for transgender welfare in the financial year 2020-21. - G.O.(Rt) No. 294/2020/SJD dated 29.06.2020 Government Order granting fund to the transgender persons who has undergone Sex Reassignment Surgery (SRS) and 96 other transgender persons for their hormone treatment. - G.O.(Rt) No. 391/2020/SJD dated 16.08.2020 Government Order granting permission to utilize the fund for three months' Beautician Training Scheme to transgender persons organized by the Social Justice Department and Dhwaya Transgender Arts and Charitable Society together. - G.O.(Rt) No. 450/2020/SJD dated 28.08.2020 Government Order granting permission for supplying food kit and other articles to transgender persons considering the Covid 19 pandemic situation. - G.O.(Rt) No. 466/2020/SJD dated 10.09.2020 - Government Order granting funds for conducting an advocacy campaign for publicity of the services provided by the State to transgenders through Centre for Development of Imaging Technology (C-Dit). - G.O.(Rt) No. 491/2020/SJD dated 20.09.2020 - Government Order issued for increasing the amount given to transgender persons for Sex Reassignment Surgery (SRS). - G.O.(Rt) No. 500/2020/SJD dated 22.09.2020 WP(C).13930/2015 14 Government Order granting permission to release the fund to C-Dit for the purpose of issuing identity cards to transgender persons. - G.O.(Rt) No. 542/2020/SJD dated 11.10.2020 - Government Order allotting fund for providing self employment loan to transgender persons through the Kerala State Womens' Development Corporation. - G.O.(Rt) No. 584/2020/SJD dated 21.10.2020 This Government Order granting permission for implementing two care homes in the State for transgender persons through the NGO. - G.O.(Rt) No. 676/2020/SJD dated 27.11.2020 Government Order granting permission to start three HIV Zero Surveillance Centres for transgenders at Thiruvananthapuram, Ernakulam and Kasaragode. - G.O(Rt) No. 93/2021 (SJD) dated 02.02.2021 Government Order granting permission for providing self employment loans to transgenders through the Kerala State Womens' Development Corporation for self employment. ##  G.O.(Rt) No. 327/2021//SJD dated 18.05.2021 - Government Order sanctioning amount for scholarship in the current financial year for continuing education programme "Samanwaya" for transgender persons. - G.O.(Rt) No. 401/2021/SJD dated 07.06.2021 - Government Order granting permission to organize awareness programmes to address social crisis faced by transgenders and to ensure access to services and equal rights. - G.O.(Rt) No. 402/2021/SJD dated 07.06.2021 - Government Order granting permission to continue welfare schemes for transgenders for the current financial year. WP(C).13930/2015 15 11. Therefore, according to the State Government, Government have implemented various welfare schemes in areas of education, health, rehabilitation, skill development, self employment, psycho-social support, awareness programs, and such other areas as follows: 1. Educational Assistance and Hostel Fees for all transgender students. 2. The Social Justice Department has published a hard book "Transgender rights, welfare programmes" on 08.12.2017. 3. Department has launched a scheme named "Varnam" which provides financial assistance to transgender students pursuing Degree/ Diploma/ PG courses through distance education. 4. Department has rolled out an innovative scheme called "Saphalam" which provides financial assistance to transgender students pursuing Degree/ Diploma level professional courses 5. The Department with the Kerala State Literacy Mission Authority (KSLMA) has rolled out a continuing education programme called "Samanwaya" for such target population. 6. Allocation of two additional seats for transgender in all Universities affiliated Arts and Science colleges. 7. Permission and financial support provided to a Transgender student to study in Rajiv Gandhi Aviation Academy for Commercial Pilot License. Permission was also given to a transgender student to pursue their LLB in a Self Financing College. 8. The KPSC has included an additional column for transgender in the application form as male, female and Transgender. The provision is also provided in the application form of Driving License, SSLC Book etc. 9. The Department has provided awareness programmes to students and teachers of various schools and colleges all over the State. WP(C).13930/2015 16 10. The Government have conducted Transgender Kalolsavam named "Varnappakittu 2019" in Thiruvananthapuram on 8[th] & 9[th] November, 2019 to enhance their artistic talents and to further public acceptance. It was the first art festival exclusively for Transgender Community in India and it has attained the attention of the entire country. Government have honoured 10 Transgender Persons for their outstanding contribution in different walks of life during the event. 11. Majority of Transgender people often experience conflict between their biological sex and gender identity. To resolve this, the transgender persons often resort to Sex Reassignment Surgery (SRS). Surgical transition may include several procedures and is complicated and expensive. To offer a helping hand for the transgender community, a scheme is being implemented by the Department to give financial assistance for ARS. 12. The Department has assigned Centre for Development of Imaging Technology (C-Dit) for an advocacy campaign for publicity of the services provided by the State to Transgender individuals. 13. a 24 x 7 helpline has also been launched for providing necessary assistance to Transgenders who are distressed and to protect their basic rights by providing counseling and legal assistance. 14. Scholarship for Transgender students @ Rs.1,000/- for students who are studying in Std. 7 to 10 and for students who are pursuing their +2 course, the amount is fixed to Rs.1.500/- and for all further studies Rs.2000/- per month." 12. That apart, it is submitted that as part of the transgender policy, expression of interest invited from interested agencies/NGOs/CBOs etc., to conduct socio-economic survey and prepare WP(C).13930/2015 17 individual development plan under single online platform. Out of the six proposals received, the proposal submitted by the Centre for Management and Development (CMD) has been accepted and approved by the Technical Committee. Based on the MOU signed between the two parties, 50% of the total cost has been transferred to CMD during the financial year 2021. It is further stated that even though the agency had started their survey through their field investigators, due to the Covid-19 pandemic restrictions, reluctance, and lack of trust by the transgender persons to reveal their personal information and non co-operation from the part of the CBO's and other practical difficulties, CMD has informed the department regarding their difficulties to conduct the survey in a time bound manner, it is also stated that the date so far collected by the District investigators are submitted to CMD; that considering the practical difficulties for meeting transgender people and collecting date CMD has been advised to develop a mobile application online data collection platform to complete the survey online and to organise local camps to complete the collection of data; they have been directed to submit the report urgently; the data collected is comprehensive covering the socioeconomic and health status of the transgenders and that once the data collection is completed and analysed, the schemes can be formulated accordingly. That apart, it is submitted that the Department was issuing WP(C).13930/2015 18 transgender ID cards as per the recommendation of the screening committee with District Collector as Chairman and members from the District Transgender Justice Board are also included in the said committee. 13. Any how, after the enactment of the Act 2019, the National portal for transgender persons has been set up and through this portal, now the State is currently issuing ID Cards to transgender persons. It is also pointed out that as per the provisions of the Act 2019, the District Magistrates are authorised to issue the certificate of identity to transgender persons following due process and in order to implement the provisions of the Act 2019, the Transgender Persons (Protection of Rights) Rules 2020 was notified in September 2020. It is also submitted that the Department has assigned C-Dit to formulate an advocacy campaign for awareness on services provided by the State to Transgender individuals and awareness program has been launched and implemented at various levels every year since 2015 and awareness programs are being conducted at District level across the State, involving Kerala State Legal Services Authority, Police Officers, various sections of Government employees, teachers, Kudumbasree workers and health workers; as an initial step, ten schools and ten colleges were selected from all the districts of Kerala and awareness classes on gender equality WP(C).13930/2015 19 and acceptance of transgenders to the society were given to students teachers, non-teaching staff, parents teacher association, school counselors etc. Funds have been set apart for conducting two sensitization programmes per each district to various sections of Government employees. So also, it is stated that in order to help the transgender people in finding employment and suitable jobs based on their educational qualification and aptitudes steps are being taken in order to improve their quality of life; Department is implementing a career development program with the help of Kerala State Social welfare Board, in the name of “Economic Empowerment Hub (E2 Hub) for transgenders. The above institute has provided career counseling to transgender people individually and in groups through career counselors and has been able to enroll them in job training courses offered by various Government, quasi government and public sector institutions; self employment loans are being provided to transgender individuals and groups through Women Development Corporation for self employment. And in addition to the same, Department of Social Justice has implemented various schemes aiming at empowerment and self sustainability of all transgender persons through beautician training program, and financial assistance for self employment was given under sewing machine distribution scheme during previous years. WP(C).13930/2015 20 14. That apart, it is also submitted that special Kudumbasree (Self Help Group) Units for transgender persons in Kerala have been constituted and self employment loans are made available to transgender persons through this Kudumbasree units. So also, capacity building programmes are being implemented in the districts in collaboration with the local self Government Institutions concerned. There were 4 care homes/short stay homes functioning under various community based organizations in Kerala, which can accommodate up to 25 persons at a time. The project aims to provide temporary accommodation to transgender people, who are in crisis and those who are undergoing sexreassignment surgery. However, these establishments were closed down as the number of inmates reaching this home were low. At present, one care home is functioning at Thiruvananthapuram District for trans-men and one in Ernakulam District for trans-women in the State and these institutions are controlled and supervised by the respective Transgender Justice Committees, which is chaired by the District Collector. 15. It is also pointed out that the Department of Social Justice is running a 3 HIV Zero Surveillance Centre through the Kerala State Social Welfare Board. A STATIC Clinic is functioning at each Zero Surveillance Center to provide other medical support and service to the transgender individuals and those services are provided absolutely free of cost. WP(C).13930/2015 21 Government is also distributing free Antiretroviral Therapy medicines through Pulari Clinic which are functioning in all the Government Medical Colleges and selected District/ Taluk Hospitals all over Kerala. State Government is also running transgender Suraksha Projects in 10 Districts through the Kerala State Aids Control Society. It is also submitted that the transgender persons get counseling, safety tips and preventive materials for Sexually Transmitted Diseases (STP) through this Suraksha project. Above all, it is submitted that in order to have a holistic approach for the upliftment of Transgender Community, a two tier implementation mechanism has been adopted wherein, a Transgender Justice Board has been constituted at the State Level and a Transgender Justice Committee at the District Level wherein the District Collector is the Chairperson and the District Social Justice Officer is the Member Secretary and the committee comprises of District Police Chief, District Medical Officer, District Labour Officer, Deputy Director of Education, District Child Protection Officer, representatives from NGOs who are working among the Transgenders and also representatives from the Transgender community itself. 16. It is also brought to the notice of this Court that the Government as per G.O (Rt) No.761/2019/PWD dated 22.06.2019 have given direction to the Chief Engineer (PWD Buildings Division) to provide WP(C).13930/2015 22 Transgender friendly toilets in all the building projects under the PWD buildings division and in addition to this, the Department has already granted Rs.2,60,000/-for constructing two Transgender friendly toilets at the Maharaja's College, Ernakulam as a pilot project. It is also submitted that the State Transgender Justice Board meeting was held lastly on 23.07.202, but due to Covid-19 pandemic restrictions, meetings were not held during 2020; that District Transgender Justice Board Committees at Enakulam and Thrissur were held on 14.10.2021 and every financial year plan funds are being set apart for implementing various welfare schemes and programmes designed for the Transgender Community. The State has also brought to our notice, the Judgment rendered by this Court in W.P.(C) No.9890/2020 dated 8.6.2020 and the directions issued thereunder. Accordingly, it is submitted that all efforts are made by the State Government in order to address the problems faced by the transgender community. 17. We have heard learned, Government Pleader Sri. K.R. Ranjith and its officials, Smt. H. Subhalakshmi, learned Central Government Counsel appearing for Union of India, and Sri. Harish Vasudevan, learned Amicus Curiae appointed by this Court, and perused the pleadings and material available on record. 18. The elaborate discussion of facts made above would make it WP(C).13930/2015 23 clear that the State Government have taken adequate steps in order to address the problems faced by the transgender community to a larger extent within the State. But it is clear from the statement filed by the State Government that the survey of transgenders could not be completed due to non co-operation of transgender persons and even though the State Government has made its best efforts to identify transgenders through various organizations and departments, yet time is required for completing the survey of transgenders. 19. During the course of arguments, the learned Government Pleader has produced before us various brochures issued by the Social Justice Department of the State Government in order to provide education to the transgender persons and to sort out the issues faced by the them and bring them to the mainstream of the society . 20. On going through the handbooks produced before us, we are satisfied that the State Government has taken various steps in order to protect the welfare and the well-being of the transgender community, various measures are also taken by the State Government to provide self employment to the transgenders and the provisions for granting employment to the transgenders are being explored by the State Government. It is also clear that efforts are made to issue identity cards to the transgenders and the State Transgender Justice Boards and WP(C).13930/2015 24 District Transgender Justice Committee under the leadership of Minister for Social Justice Department and District Collector respectively are constituted. However, in the statement, it is stated that no meetings of the State Board and the District Justice Committee could be convened during the year 2020 due to the emergent situation of Covid-19 pandemic, but a meeting of the State Board as well as District Justice Committee were held during 2021. It is also submitted that State Government is taking every efforts and steps to protect the interest of the transgender community as a whole. 21. Anyhow, the Act 2019 was brought by the Union Government with the intention of identifying issues faced by transgender community taking into account Articles 14, 15 and 21 of the Constitution of India and the judgment of the Apex Court in **National Legal Services Authority** (supra). It is quite evident and clear from the Act 2019, that in-depth study was conducted by the Union Government in order to identify the issues and address the same by translating the provisions of the Act 2019. The Act 2019 has various facets such as prohibition against discrimination, which specifies that no person or establishment shall discriminate against transgender person on any of the grounds mentioned under Section 3. Section 4 takes care of recognition of identity of transgender persons and by which a transgender person shall WP(C).13930/2015 25 have a right to be recognized as such, in accordance with the provisions of the Act and person recognised as transgender under Sub Section (1) of Section 4 shall have a right to self perceived gender identity. Transgenders are also vested with powers under Section 5 to make application to the District Magistrate for issuing certificate of identity as transgender person in such form as may be prescribed, and as per Section 6 of the Act, the District Magistrate shall issue to the applicant a certificate of identity as transgender person by following the procedure contemplated for the purpose. Various other measures are provided including the welfare measures that are to be undertaken by the Government and obligations of establishments and other persons to avoid discrimination against transgender person in any matter relating to employment including, but not limited to recruitment, promotion and other related issues. 22. Section 10 obligates every establishment to ensure compliance with the provisions of the Act 2019 and provide such facilities to transgender persons as may be prescribed. Section 11 provides a grievance redressal mechanism by which every establishment is duty bound to designate a person to be a complaint officer to deal with the complaints relating to violation of the provisions of the Act. 23. Above all, Section 12 clearly specifies that no child shall be WP(C).13930/2015 26 separated from parents or immediate family on the ground of being a transgender except on an order of a competent court in the interest of such child. Sub Section (2) of Section 12 states that every transgender person shall have a right to reside in the household where parent or immediate family members reside; a right not to be excluded from such household or any part thereof; and right to enjoy and use facilities of such household in a non-discriminatory manner. 24. Sub Section (3) thereto enables a competent court to pass an order directing such persons to be placed in rehabilitation centre where any parent or a member of his immediate family is unable to take care of the transgender. It also contains penal provisions to ensure prevention of harassment against transgenders. Above all, the Act 2019 obligates appropriate Government for educational facilities, vocational training and self employment, and health care facilities. Other provisions are there to protect the interest of transgenders. 25. On an analysis of the above provisions also we are clear that Act 2019 is a self contained statute by which every effort is made by the Union Government to ensure protection of transgenders and it is for the appropriate Government to take measures for identifying the problems faced by the transgenders in various spheres and address the same at the earliest possible time and thereby redress the grievances of the WP(C).13930/2015 27 transgenders. 26. Since it is stated in the statement filed by the State Government expressing difficulty in identifying transgenders due to non co-operation of the transgenders, we are of the considered opinion that appropriate direction can be issued to the State Government to secure assistance of Kudumbasree, a self working group with Government recognition, NGOs, Kerala State and District Legal Services Authority and other establishments/organizations interested in extending help to the State Government to identify the problems of transgenders. Accordingly, there will be a direction to the State Government to make more and more sincere, and dedicated efforts in order to address the problems of the transgenders through the departments of the State Government, NGOs, State as well as District Legal Services Authority and also the Kudumbasree workers. 27. Anyhow, it is clear from the provisions of Act 2019 that the obligations imposed on the appropriate Government are mandatory in nature and it is for the Government to take urgent and immediate steps to translate the provisions of the Act 2019 in letter and spirit at the earliest possible time. With the above observation, findings and direction, writ petition is disposed of. WP(C).13930/2015 28 We express our sincere gratitude to Sri. Harish Vasudevan, learned Amicus Curiae, for undertaking a study and submitting a report before this Court. Sd/S. Manikumar, Chief Justice Sd/Shaji P. Chaly, Judge sou. WP(C).13930/2015 29 ## **APPENDIX OF WP(C) 13930/2015** ## **PETITIONER EXHIBITS :** **EXHIBIT P1 : COPY OF PAPER REPORT APPEARED IN THE MATHRUBHOOMI DAILY DTD.8.4.2015 DEPICTING THE PLIGHT OF TRANSGENDERS IN KERALA. EXHIBIT P1(A): COPY OF ENGLISH TRANSLATION OF EXT.P1. EXHIBIT P2 : COPY OF JUDGMENT OF THE HON'BLE SUPREME COURT OF INDIA IN NATIONAL LEGAL SERVICE AUTHORITIES VS. UNION OF INDIA REPORTED IN 2014(5) SCC 438. EXHIBIT P3 : COPY OF EDITORIAL PUBLISHESD BY THE MATHRUBHOOMI DAILY DTD.11.4.2015 REQUESTING THE SOCIETY TO RECOGNIZE THE TRANSGENDERS AS A THIRD GENDER. EXHIBIT P3(A): COPY OF ENGLISH TRANSLATION OF EXT.P3. EXHIBIT P4 : COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD.11.3.2015.**