Gauhati High Court
Swati Bidhan Baruah vs The State Of Assam And 2 Ors on 13 October, 2023
Author: Chief Justice
Bench: Chief Justice
Page No.# 1/3
GAHC010255252018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/74/2018
SWATI BIDHAN BARUAH
D/O- SUPTI RANJAN BARUAH, R/O- PANDU CABIN ( NEAR RAILWAY B G
OFFICE), P.O- PANDU, GUWAHATI- 781012, DIST-KAMRUP(M), ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM, DISPUR,
GUWAHATI- 06, DIST- KAMRUP(M), ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT OF ASSAM
HEALTH AND FAMILY WELFARE DEPTT
DISPUR
GUWAHATI- 06
DIST- KAMRUP(M)
ASSAM
3:THE UNION OF INDIA
REP. BY THE SECRETARY TO THE GOVT OF INDIA
MIN OF HEALTH AND FAMILY WELFARE
NEW DELHI
4:THE MEMBER SECRETARY
ASSAM STATE LEGAL SERVICES AUTHORITY
GAUHATI HIGH COURT
OLD BLOCK
GUWAHATI-1
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For the petitioner : Swati Bidhan Baruah,
Petitioner in person
For the respondents : Mr. D.K. Sarmah,
Addl. Sr. Govt. Advocate, Assam Mr. D.P. Borah S.C., Health & Family Welfare Mr. R.K.D. Choudhury, D.S.G.I. Ms. R. Chowdhury, S.C., ASLSA.
-BEFORE-
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE KARDAK ETE 13-10-2023 The petitioner present in person submits that the persons from the transgender category are not being enrolled under the Ayushmaan Bharat Scheme and thus, they are being deprived of the benefits of the scheme.
We may note that the Chapter-III of the Transgender Persons (Protection of Rights) Act, 2019 (for short 'Act of 2019') deals with the recognition of identity of transgender persons. Under Section 5 of the Act of 2019, a transgender person can make an application to the District Magistrate for issuing a certificate of identity as a transgender person, in such form and manner, and accompanied with such documents, as may be prescribed. Under Section 6 of the Act of 2019, the District Magistrate is authorised to issue to the applicant under Section 5 of the Act, a certificate of identity as a transgender person after following such procedure and in such form and manner, within such time, as may be prescribed indicating the gender of such person as transgender. Under Section 6(2) of the Act of 2019, the gender of a transgender person shall Page No.# 3/3 be recorded in all official documents in accordance with certificate issued under sub-section 1 of the Act of 2019. Sub-section 3 of Section 6 of the Act of 2019 provides that a certificate issued to a person under sub-section (1) shall confer rights and be a proof of recognition of his indentity as a transgender person.
We feel that any person possessed of a certificate/identity card issued by the District Magistrate should be extended the benefits of the Ayushmaan Bharat Scheme. However, the petitioner submits that when an effort was made by certain transgender persons to procure the benefits of the scheme at the Gauhati Medical College & Hospital, they were denied the same on the ground that they do not possess ration card.
Mr. D.P. Borah, learned Standing Counsel, Health & Family Welfare shall take instructions on these contentions of the petitioner and submit the response of the authority concerned by the next date. Mr. Borah shall also apprise the Court regarding the steps taken at the Gauhati Medical College & Hospital regarding compliance of mandate of Section 15 of the Act of 2019.
Re-notify on 09.11.2023.
JUDGE CHIEF JUSTICE Comparing Assistant