IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P.(PIL) No. /2020
Amarjeet Singh. ….Petitioner
Vs.
State of Jharkhand & Others ….Respondents
Subject: - For the welfare of transgender persons of State of
Jharkhand during the nationwide Lockdown because of
Covid-19
INDEX
Sl. Annexure Particulars Page
No.
1. Synopsis & List of Dates
2. An application U/A 226 of Constitution of
India with Affidavit.
3. 1 A photocopy of UIDAI of the petitioner
4. 2 Scanned copy of Representation
Vakalatnama shall be submitted after court reopens.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P.(PIL) No. /2020
Amarjeet Singh ….Petitioner
Vs.
State of Jharkhand & Others ….Respondents
Synopsis & List of Dates
That in the instant petition, the petitioner pray for
issuance of an appropriate writ(s)/ order(s)/ direction(s)
for following relief(s):-
I. For a Writ in the nature of Mandamus
directing upon the Respondent/s to include
the transgender persons / community as a
beneficiary in all kind of relief and support
provided by the government machinery as a
matter of right.
And/or
II. For a Writ in the nature of Mandamus
directing upon the Respondent/s to provide
minimum financial support to the transgender
persons across Jharkhand in the event of the
current COVID lockdown in the country.
And/or
III. For a Writ in the nature of Mandamus
directing upon the Respondent/s to provide
home delivery of regular ration and other
necessary items for the transgender person
across the State of Jharkhand.
And/Or
IV. Any other Writ(s) be issued, Order(s) be
passed, Direction(s) be made as Your
Lordships may deem fit and proper in the
facts and circumstances of the case.
LIST OF DATES & EVENTS
2015 NALSA Judgment delivered.
2019 Transgender Persons (Protection of Rights) Act,
2019.
Representation sent to DC, Jamsedhpur
10.04.2020
HENCE THIS WRIT PETITION.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (PIL) No.________/ of 2020
In the matter of:-
An application under Article 226
of the Constitution of India
And
In the matter of:-
1. Amarjeet Singh, s/o Shri Baldeo Singh, R/O Hosue No.- 390,
A- Block, Tuiladungri, Golmuri, P.O & P.S Jamsedhpur,
District East Singhbhum 831003
…Petitioner
Versus
1. Chief Secretary, State of Jharkhand, 1st Floor, Project
Bhawan, P.O. Dhurwa, P.S. Dhurwa, Ranchi, Jharkhand
834004
2. The Secretary, Department of Social Welfare, Women and
Child Development, Jharkhand Mantralaya, Project Building,
HEC, P.O. Dhurwa, P.S. Dhurwa, Ranchi, Jharkhand 834002
3. The Deputy Collector, P.O & P.S. Sakchi, Jamshedpur,
Jharkhand 831001
...Respondents
TO,
HON’BLE MR. JUSTICE DR RAVI RANJAN, THE CHIEF JUSTICE
OF THE HIGH COURT OF JHARKHAND, RANCHI AND HIS OTHER
COMPANION JUDGES OF THE SAID HON’BLE COURT.
The humble petition on
behalf of the petitioner
above named.
MOST RESPECTFULLY SHOWETH:
1. That in the instant petition, the petitioners pray for
issuance of an appropriate writ(s)/ order(s)/ direction(s)
for following relief(s):-
V. For a Writ in the nature of Mandamus
directing upon the Respondent/s to include
the transgender persons / community as a
beneficiary in all kind of relief and support
provided by the government machinery as a
matter of right.
And/or
VI. For a Writ in the nature of Mandamus
directing upon the Respondent/s to provide
minimum financial support to the transgender
persons across Jharkhand in the event of the
current COVID lockdown in the country.
And/or
VII. For a Writ in the nature of Mandamus
directing upon the Respondent/s to provide
home delivery of regular ration and other
necessary items for the transgender person
across the State of Jharkhand.
And/or
VIII. Any other Writ(s) be issued, Order(s) be
passed, Direction(s) be made as Your
Lordships may deem fit and proper in the
facts and circumstances of the case.
2. That this writ petition has been filed on the following
grounds:
Grounds
a. For that the Hon’ble Supreme Court in National Legal
Services Authority v. Union of India (UOI) and Ors.
declares that Transgender as third gender and also
allows to enjoy human rights.
b. For that the Hon’ble Supreme Court in National Legal
Services Authority v. Union of India (UOI) and Ors.
directed Centre and State Governments should also
take steps for framing various social welfare schemes
for their betterment.
c. For that Section 8 of the Transgender Persons
(Protection of Rights) Act, 2019 directs the appropriate
Government shall formulate welfare schemes and
programmes which are transgender sensitive, non-
stigmatising and non-discriminatory
d. The other ground may be urged at the time of hearing.
3. That the petitioner is a respectable man in the society and
has a genuine concern regarding the welfare of Transgender
person. Petitioner is a transgender activist and has been
continuously working for the welfare of the transgender
communities. The petitioner has no personal interest, direct
or indirect, in subject matter of the Public Interest Litigation
except for the fact that the petitioner belong to the
transgender community.
A photocopy of UIDAI of the petitioner
is annexed herewith and marked as
Annexure-1 forming part of this writ
application
4. That the Petitioner has not moved earlier for the same relief
as prayed in this Public Interest Litigation.
5. That the cause of action for filing this public interest litigation
has arisen within the territorial jurisdiction of this Hon’ble
court.
6. That according to the 2011 Census more than 4,87,802
transgenders live in India and in Jharkhand the total
population is around 13,000.
7. That it is stated and submitted that The transgender
community has been an ignored community during the
COVID-19 Lockdown. They have not been provided with any
social safety net and welfare measures by the central
government during the current Lockdown. The livelihood of
transgender people depends on interaction with the people
and, social distancing has cut off the transgender community
from all.
8. That the most of the transgender people in State of
Jharkhand are dependent are dependent on begging. But the
nationwide lockdown has left transgender persons struggling
to make ends meet.
9. That the Transgender people face stigma and discrimination
from their families and are often outcasts banished from
their families. Hence, due to the national lockdown, the
transgender community who rely on begging have no means
for livelihood and no homes for shelter. T
10. That the Government needs to come up with welfare
measures to sustain the lives of the transgender community
in India.
11. That transgenders are more prone to infections due to
lower immunity system in their bodies and hence they are at
a greater risk of being infected by COVID-19.
12. That With little savings and social security benefits, many
have a massive challenge to deal with depleting food
supplies.
13. That as per National Center for Transgender Equality
Report, “Trans adults are also more likely to rate their health
as a poor or fair in comparison to others. More than 1 out
of 5 transgender adults have at least one or more chronic
condition, such as diabetes, arthritis or asthma,”. Link:
https://transequality.org/covid19
14. That Kerala Government has taken few steps by providing
temporary housing and ration to the transgender person.
15. That chapter IV of the Transgender Persons (Protection
of Rights) Act, 2019 provides for welfare measures by the
Government. Section 8 Transgender Persons (Protection of
Rights) Act, 2019 is as follows:
I. The appropriate Government shall take steps to secure
full and effective participation of transgender persons
and their inclusion in society.
II. The appropriate Government shall take such welfare
measures as may be prescribed to protect the rights
and interests of transgender persons, and facilitate
their access to welfare schemes framed by that
Government.
III. The appropriate Government shall formulate welfare
schemes and programmes which are transgender
sensitive, non-stigmatising and non-discriminatory.
IV. The appropriate Government shall take steps for the
rescue, protection and rehabilitation of transgender
persons to address the needs of such persons.
V. The appropriate Government shall take appropriate
measures to promote and protect the right of
transgender persons to participate in cultural and
recreational activities.
16. That the Hon’ble Supreme Court in National Legal
Services Authority v. Union of India (UOI) and Ors.
declares that Transgender as third gender and also
allows to enjoy human rights and also directed Centre
and State Governments should also take steps for
framing various social welfare schemes for their
betterment.
17. That the i JSR has sent representation to Deputy Collector,
East Singhbhum regarding non supply of ration and meal
during the lockdown and no money available to pay the rent
on 10 April 2020.
A scanned copy of Representation is annexed
herewith and marked as Annexure-2
forming part of this writ application
18. That following news reports throw light on the situation
of the transgender community and COVID lockdown in the
annexure below;
• https://amnesty.org.in/as-the-world-comes-together-
indias-transgender-community-fights-covid-19-alone/
• https://www.hindustantimes.com/india-news/covid-
19-lockdown-puts-trans-community-in-a-spot/story-
AUbABkMtn9NRMOcYczGj0H.html
• https://www.thehindu.com/news/national/andhra-
pradesh/centre-plans-to-extend-financial-aid-to-
fisherfolk/article31230549.ece
• http://expertmedianews.com/lockdown-200-kinnars-
on-the-verge-of-hunger-asked-for-2-june-roti-from-
deputy-commissioner/
19. That it is submitted that the Respondent/s are duty bound
to implement the judgment/orders passed by Hon’ble
Supreme Court.
20. That the Petitioner has got no other efficacious, speedy
and alternative remedy than to move before this Hon’ble
Court by way of this Public Interest Litigation for the redressal
of the grievances.
21. That the Petitioner has not moved earlier for the same
relief as prayed in this Public Interest Litigation.
22. That this application is being made bonafide and in the
interest of public health and privacy.
It is, therefore prayed that in the instant petition,
the petitioner pray for issuance of an appropriate
writ(s)/ order(s)/ direction(s) for following
relief(s):-
i) For a Writ in the nature of Mandamus directing upon
the Respondent/s to include the transgender
persons / community as a beneficiary in all kind of
relief and support provided by the government
machinery as a matter of right.
And/Or
ii) For a Writ in the nature of Mandamus directing upon
the Respondent/s to provide minimum financial
support to the transgender persons across
Jharkhand in the event of the current COVID
lockdown in the country.
And/Or
iii) For a Writ in the nature of Mandamus directing upon
the Respondent/s to provide home delivery of
regular ration and other necessary items for the
transgender person across the State of Jharkhand.
And/or
iv) Any other Writ(s) be issued, Order(s) be passed,
Direction(s) be made as Your Lordships may deem
fit and proper in the facts and circumstances of the
case.
And for this act of kindness petitioner is duty bound and shall ever
pray.
