The High Court of Jammu and Kashmir and Ladakh has recently sought the government's response on the issue of reservation for the transgender community in these Union Territories.

A Bench comprising Chief Justice Tashi Rabstan and Justice Puneet Gupta made the inquiry while hearing two public interest litigation (PIL) petitions aimed at advancing the welfare and rights of transgender individuals, in line with the Supreme Court's landmark NALSA judgment.

In earlier proceedings, the High Court had issued several directives to promote the welfare of the transgender community. Among the key issues raised were the challenges faced by transgender persons in accessing healthcare and education, as well as their right to vote and obtain Aadhaar cards.

In response, both the Election Commission of India and the Unique Identification Authority of India (UIDAI) assured the Court that adequate steps have been taken to facilitate the voting rights and Aadhaar enrollment of transgender persons.

Other directives from the Court included a call for the replication of welfare schemes from other parts of India, ensuring the inclusion of transgender students in educational institutions, and considering the provision of reservations for transgender individuals in public employment.

The Court also urged the authorities to conduct a census to ascertain the transgender population in Jammu and Kashmir and Ladakh and to establish a welfare board to address their issues.

However, in a May order, the petitioners expressed concern that many of these directives had yet to be implemented by the administration. As a result, the Court requested updated status reports from the government.

During the most recent hearing on October 16, the Deputy Solicitor General of India (DSGI) TM Shamsi informed the Court that medical facilities for transgender persons were available in hospitals, and a committee had been formed to identify the transgender population and address their concerns. The Court sought further reports on the actions taken by this committee, as well as a list of hospitals providing medical care for transgender persons. Additionally, it requested details on potential pension schemes for the transgender community.

Senior Advocate Jayna Kothari, along with Advocate Iqra Khalid, represented the petitioners, while DSGI TM Shamsi, Advocate Rehana Qayoom, and Government Advocate Fahim Nisar Shah appeared for the respondents.

The matter is now set for the next hearing on December 4, 2024.