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| DB grants four weeks time to State for filling action report | | Denial to admit children of trans-gender in private schools | | Jammu, June 5: In a PIL filed by Mian Haji Saria seeking direction to the respondents to ensure compliance of Fundamental "Right to Education" in letter and spirit and also directed private educational institutions do not discriminate qua the "Trans-Genders" for the purposes of admitting them in Education Institutions while treating them as aliens.
Division Bench of State High Court Comprising Justice Virender Singh and Justice DS Thakur after hearing Adv DS Chouhan appearing for the PIL observed that counsel for the petitioner submits the NALSA came forward to project the cause of trans-gender community in Supreme Court highlighting as to how our society often ridicules and abuses the transgender community in public places like railway stations, bus-stands, schools, work places, hospitals theaters etc in which Supreme Court has given nine directions to the cenre and state Govt and submitted that those directions have to be complied with by J&K State also. He has drawn the attention of the court containing all the nine directions in which Supreme Court directed that Hijras, Eunuchs, apart from binary gender, be treated as "third gender" for the purpose of safeguarding their rights under Part III of our Constitution and the laws made by the Parliament and the State Legislature.
Transgender persons' right to decide their self-identified gender is also upheld and the Centre and State Governments are directed to grant legal recognition of their gender identity such as male, female or as third gender. SC direct the Centre and the State Governments to take steps to treat them as socially and educationally backward classes of citizens and extend all kinds of reservation in cases of admission in educational institutions and for public appointments.
Upon this Sr. AAG Gagan Basotra stated that he had gone through the judgment and taken up the matter with the State.
He further states that he would submit a comprehensive action plan as to what steps State of J&K has taken or proposed to take in terms of the aforesaid directions given by the Supreme Court.
Division Bench granted four weeks time for placing on record the said report. (JNF) |
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