Introduction

The State government has received a directive from the Jharkhand High Court asking for the
Transgender Welfare Board to be established as soon as possible. This action emphasizes how
important it is to address the rights and needs of the transgender community in the state.

Facts of the case

The petitioner, Jharkhand Trans Collective has led a public interest litigation for defending the rights
of transgender people, The High Court’s directive to establish transgender board comes after the State
filed a counter-a davit outlining various initiatives for the welfare of transgender people.

Court’s Observation

The honorable court established that the Transgender Persons (Protection of Rights) Rules, 2019
were passed five years ago, but the Welfare Board has not yet been established.
Honourable Justice Sujit Narayan Prasad and Arun Kumar Rai, expressed their displeasure at the
protracted delay in forming the Welfare Board. The court observed that the creation of the board is
required by the legislation, which was started with the Transgender Persons (Protection of Rights)
Rules, 2019, as mandated by the ruling of the Supreme Court in the case of National Legal Services
Authority v. Union of India and Others.

The court stressed the significance of attending to the welfare of transgender people. It bemoaned the
seeming inertia of the State in this area, given the existence of judicial precedents and legal frameworks.

Court’s Decision

The Hon’ble Court directed that Jharkhand State Legal Services Authority should be included as a
respondent in the proceeding. It also directed the JHALSA Member Secretary to submit an a davit
requesting reports from the corresponding District Legal Services Authority (DALSA) Secretaries.
These reports would con rm whether the schemes listed in the State’s counter-a davit are available
and being implemented in the di erent districts of Jharkhand.

Fundamentally, the court’s ruling emphasizes the need for prompt action and the application of legal
provisions, demonstrating a proactive approach to guaranteeing the protection of rights and the
welfare of the transgender community.

-By Anaida Khan Pursuing 4th year of BALLB (Hons.) from Dharmashashtra National Law University, Jabalpur.