The Election Commission of India (ECI) and Unique Identification Authority of India (UIDAI) on Friday informed J&K High Court that they have given transgenders the right to vote and the right to Aadhaar identity.
Hearing a Public Interest Litigation seeking rights totransgenders in J&K, a division bench of Chief Justice Gita Mittal andJustice Rashid Ali Dar exempted from personal appearance the authorities of theECI and the UIDAI.
“So far the ECI is concerned they have done their part andwe have already taken steps. We have issued form 6 whereby tansgenders can alsoapply for enrolling themselves as voters in their respective constituencies.The form is available both offline and online,” advocate SA Makroo told theCourt on behalf of the election body.
Assistant Solicitor General Tahir Shamsi told the Court, onbehalf of the UIDAI that it has also incorporated transgenders to enable themto obtain Adhaar Cards.
In its status report filed in June this year, the ECI hadgiven complete details to the Court of the measures taken by it to ensureinclusion of the transgender community in the process of General Elections.
Shamsi said the status report in this regard has been handedover to SF Qadiri, the amicus curiae.
Following the submissions, the Court exempted from personalappearance the authorities of the ECI and the UIDAI
So far as J&K government is concerned, the Court termedthe status report filed by the Social Welfare Department on June 29 as”deficient in details”, saying it only disclosed instructions andcommunications between the departments.
The court said the report sans details like steps taken toensure admission in school and college admissions to members of transgendercommunity.
The court directed the Government to place before it byAugust 23 a status report indicating the position on the ground with regard toensuring and enabling an inclusive environment for transgenders in the State.
Advocate Moksha Kazmi, who assists the court as amicuscuriae, submitted that some States have constituted State Transgender WelfareBoards, but such board doesn’t exist in J&K.
“If such a Board is set up it will go a long way inmitigating suffering and difficulties of the transgender community,” Kazmisaid.
In response to the submission, the court said the ChiefSecretary of the State may examine this aspect of the matter and, if possible,constitute an Authority for the welfare of transgenders.