Counting the Uncounted | HC asks J&K, Ladakh Govts to confirm transgender numbers

Srinagar, Feb 23: The High Court of J&K and Ladakh has asked J&K and Ladakh governments to undertake further exercise to determine the number of transgenders in the respective union territories (UTs).

A division bench of Chief Justice N Kotiswar Singh and Justice Wasim Sadiq Nargal ordered the exercise after it was informed that there are six transgenders in Ladakh territory - four in Leh and two in Kargil.

Besides, the court was apprised of the J&K government’s response which attested to a figure of 550 transgender of which 450 are in the Kashmir division and 100 in the Jammu division.

Advocate Iqral Khalid on behalf of the petitioners contested these figures saying thousands of transgender have remained uncounted in J&K and Ladakh and as such impressed upon that the proper ascertainment of the transgenders living in these territories would be necessary.

“We are also of the view that proper ascertainment of the number of transgenders district-wise would be desirable so that the concerned authorities, as well as District Legal Service Authorities, could reach out to them to render the necessary assistance as contemplated in the direction of the Supreme Court,” the bench said.

It accordingly directed the authorities of both the UTs to undertake further exercise to determine the number of transgenders.

“The petitioner would be also at liberty to furnish the number of transgenders in both the UTs with necessary documents if she so desires,” the court said.

The court also said that the administration of both the UTs should issue advertisements to electronic and print media seeking information about the transgenders.

It said that this would help in determining the number of transgenders who are in the UTs and wherever necessary, they could be provided assistance by the concerned District Legal Service Authorities.

“Accordingly, while issuing this direction to both the UTs, we also issue direction to the J&K State Legal Service Authority and Ladakh State Legal Service Authority to provide necessary assistance to any person who may claim to be a transgender and their particulars are also recorded by the Administrations,” the court said.

It listed the Public Interest Litigation, in which transgenders seek direction for their rights, on March 18.

The PIL has been taken up by the court under certain directions issued by the Supreme Court in National Legal Services Authority versus the Union of India and others (2014) 5 SCC 438.