The Gauhati High Court has strongly criticized the Assam government for its lack of sensitivity and proactive measures towards the welfare and employment of transgender persons. The court was responding to a plea highlighting the exclusion of a separate category for transgender individuals in a recent recruitment drive for sub-inspector and constable positions within the Assam Police.
The petition, filed by activist and advocate Swati Bidhan Baruah, pointed out that transgender candidates were clubbed together with male candidates instead of having a separate category. Chief Justice Sandeep Mehta expressed his disappointment and rebuked the state for its insensitive approach, emphasizing that such actions were against the mandates of the law.
During the hearing, Baruah also highlighted the government's failure to take concrete steps towards the formation of a transgender welfare board, which had been previously ordered. The court found the government's submissions on this matter to be vague and expressed dissatisfaction with the lack of clarity regarding the formation of the board.
Chief Justice Mehta remarked that the government needed to show more responsiveness and urgency in addressing the concerns of the transgender community. The court directed the state to conduct further studies and present a proposal for a draft action plan on the recruitment of transgender persons by June 27, the next hearing date.
Additionally, it was revealed that the recent police recruitment drive violated the glossary of terms issued by Chief Justice of India DY Chandrachud. The court was informed that the recruitment process did not adhere to the guidelines set forth in the Supreme Court's NALSA judgment.
The Gauhati High Court's strong reprimand highlights the need for the Assam government to prioritize the welfare and rights of transgender individuals. It serves as a reminder that the implementation of laws regarding the employment and inclusion of transgender persons must be carried out with sensitivity and in accordance with legal provisions.
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