‘Need To Pull Up Your Socks’: Gauhati HC Criticizes Assam Government’s Negligence Towards Transgender

The Gauhati High Court recently reprimanded the Assam government for its lack of proactive measures in implementing laws related to the welfare and employment of transgender individuals.

A bench comprising Chief Justice Sandeep Mehta and Justice Devashis Baruah heard several petitions concerning the well-being of transgender persons in Assam.

Activist and advocate Swati Bidhan Baruah, in her plea, highlighted the absence of a separate category for transgender persons in the recent recruitment process for sub-inspectors and constables in the Assam Police. Instead, they were included in the male category. Chief Justice Mehta expressed criticism of the State’s insensitivity in handling the matter.

“Physical standards are the same – how can that can be done? You seem flustered, non-plussed. This is totally against what is mandated by law, not at all showing sensitiveness to the category as is required. Because proceedings are too slack. We would say the response is not forthcoming at the desired pace, need to pull up your socks, okay?” the bench remarked.

The Court proceeded to issue directions to the State, instructing them to conduct further studies and present a proposal for a draft action plan regarding the future recruitment of transgender individuals by June 27, which is when the next hearing for the matter is scheduled.

During the hearing, Baruah also highlighted the lack of progress in establishing a transgender welfare board, which had been previously mandated by court orders.

Chief Justice Mehta, upon examining the affidavit submitted by the State, remarked that the government’s submissions regarding this matter appeared to be vague.

“This is very vague. What direction has been given (about formation of the board)? Letter has been silent. Why should you be so vague? Simple direction could have been forwarded with the proposal,” he stated.

Baruah argued that the formation of mandatory boards and committees, as mandated by the Supreme Court’s NALSA judgment, had not been carried out.

Furthermore, it was brought to the Court’s attention that the recent police recruitment process even contravened the glossary of terms recently issued by Chief Justice of India DY Chandrachud.