A petition has been filed before the Lucknow Bench of the Allahabad High Court seeking the implementation of the provisions of the Transgender Persons (Protection of Rights) Act, 2019 in the State of Uttar Pradesh (Sonam Chisthy Alias Sonam Kinnar v. State of Uttar Pradesh).
The petition filed through Advocate Shamsher Yadav Jagrana also seeks a direction to the State government to constitute the Transgender Welfare Board in accordance with the statutory provisions of the Act.
The petitioner has submitted that the measures laid down by the Supreme Court in National Legal Services Authority v. Union of India must be implemented.
It has been highlighted that the Central government had already sought a response from the Uttar Pradesh government on the implementation of the Transgender Persons Act.
“The Ministry of social justice and empowerment, Government of India has sought report from the government of Uttar Pradesh regarding the implementation of provisions of the Act and notification dated 25.09.2020 pursuant thereof the government of Uttar Pradesh has issued letter to all the concerned departments through their head of department directing therein needful action to be taken,” the petition reads.
The petitioner has also pointed out that in September last year, there were various news publications indicating that the State government was going to form a Transgender Welfare Board/Kinnar Ayog. However, the same has not been constituted thus far.
The plea is likely to be heard in the second week of April.
The Act was notified on December 5, 2019. The Governor of Uttar Pradesh accordingly gave his assent for its implementation in the State.
Section 4 of the said Act states that any transgender person shall have a right to be recognized as such, in accordance with the provisions of this Act. It also notes that such persons shall have a right to self-perceived gender identity.
A transgender person has to make an application before the District Magistrate for issuance of a certificate of identity as a transgender person. In the case of a minor child, such application shall be made by a parent or guardian of the child.
Section 18 of the Act states that endangering the life, safety, health or well-being, whether mental or physical, of a transgender person or causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine.
The Act itself is under challenge before various fora including the Supreme Court and the Karnataka High Court.