The Punjab & Haryana High Court has sought clarification from the Punjab Government regarding the timeline required for constituting the Transgender Welfare Board in the state. The court has directed the government to provide a clear response by April 3, 2025, and has explicitly stated that no further adjournments will be entertained.
Legal Obligation to Constitute Transgender Welfare Board
The case was brought before the court through a writ petition filed by Mamta Baba, a transgender person, who highlighted the lack of implementation of the provisions under the Transgender Persons (Protection of Rights) Act, 2019. The Act was designed to ensure, protect, and promote the welfare and rights of transgender individuals in India. Additionally, the Transgender Persons (Protection of Rights) Rules, 2020, mandate the formation of a welfare board to safeguard the rights of transgender persons and provide access to welfare schemes.
Under Rule 10(1) of the Transgender Persons (Protection of Rights) Rules, 2020, every state government is required to establish a Transgender Welfare Board. The board's primary role is to protect the rights and interests of transgender individuals and ensure they can benefit from government schemes and policies.
On November 10, 2023, the Department of Social Justice and Empowerment, Government of India, issued an official letter to the Chief Secretaries of all States and Union Territories, instructing them to set up the Transgender Welfare Board in compliance with Rule 10(1). Despite this directive, Punjab has yet to constitute the board, prompting legal intervention.
During the hearing, the petitioner’s counsel, Mr. Maninderjit Singh, argued that Punjab had not fulfilled its statutory obligation under the 2020 Rules. He urged the court to direct the state government to take immediate steps for establishing the board.
In response, Mr. Pardeep Bajaj, Deputy Advocate General (D.A.G.), Punjab, accepted the notice on behalf of the state government. He was instructed by the court to submit an affidavit from a responsible government functionary, specifying the exact time frame required for the board’s constitution.
Similarly, Ms. Neha Dalal, representing Mr. Dheeraj Jain, Senior Panel Counsel for the Union of India, also accepted the notice on behalf of the central government.
Court's Clear Stand on Delays
Justice Kuldeep Tiwari made it unequivocally clear that the matter will be taken up on April 3, 2025, and that no requests for adjournments from either side will be entertained.
"It is made clear that, on the subsequent date of hearing, no request for adjournment would be entertained on behalf of either side."
This directive emphasizes the urgency of the issue and the need for the Punjab Government to act swiftly.
This is not the first instance where the High Court has intervened in matters concerning transgender rights. Recently, the Punjab Government was also asked to update the court on the establishment of Transgender Protection Cells at both the district and state levels. These cells, under the jurisdiction of the District Magistrate, are meant to provide safety and support to transgender individuals across Punjab.
Mr. Maninderjit Singh, Advocate for the petitioner.
Mr. Pardeep Bajaj, D.A.G., Punjab.
Ms. Neha Dalal, Advocate for Mr. Dheeraj Jain, Sr. Panel Counsel, for the respondent No.4- U.O.I.
Title: MAMTA BABA V/S STATE OF PUNJAB AND OTHERS
