According to Live Law.in, the Jammu and Kashmir and Ladakh High Court issued a new direction to the Union Territory of J&K and the U Ladakh in response to a Public Interest Litigation (PIL) arguing for the rights of transgender people.
Both territories have been ordered by the court to give an updated status report on their compliance with the different instructions, allowing the court to make necessary orders.
A bench comprised of Chief Justice Kotiswar Singh and Justice Moksha Kazmi Khajuria was hearing a Public Interest Litigation seeking recognition of transgender individuals in the Union Territories of J&K and Ladakh in accordance with the Supreme Court’s directions in National Legal Services Authority vs Union of India & Ors (2014).
In their case, the petitioners claim that societal acceptance of transgender women in Kashmir is extremely low, and that they are addressed with humiliating and stigmatised implications.
“They face inequity in all aspects of life, including employment, legal recognition, access to social resources, including a decent standard of living and education.” For all of them, the fight generally begins at a young age. Non-conformity to their assigned gender roles exposes them to verbal and physical abuse at the hands of their parents, siblings, and other family members. The threatening climate even exists in schools and other educational institutions, which almost probably forces individuals to drop out in order to escape the ridiculing and harassment that leads to mental anguish,” according to the petition.
When the case came up for hearing, the petitioner’s attorney highlighted the many orders that had been issued in the case but had not been followed.
Taking notice of the argument, the bench said, “This court has issued several directions from time to time.” However, the actions made by the State authorities have not been recorded, despite the fact that several steps have been filed.”
As a result, it instructed both Union Territories to submit an updated status compliance report. Petitioners are also requested to make proposals for procedures that should be taken into account when giving orders to the authorities involved.
The case has been rescheduled until July 19.
