State To Madras HC: Government Will 'Sympathetically Consider' Giving Covid Cash Relief To Transgender People Without Ration Cards

Background

• The Chief Justice bench led of Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy heard a Public Interest Litigation filed by the transgender rights activist Grace Banu Ganeshan which stated that majority of transgender persons in the State of Tamil Nadu are not in possession of ration cards.
• A board was set up in the year 2020 to register all the transgender and issue identity cards. However, the Board stopped functioning due to the covid 19 pandemic.
• The petition filed by the Activist represented by Senior Advocate Jayna Kothari, sought a direction to the State Government to extend the cash benefits to transgenders just like the ration card holders.
• It was argued by the petitioners that the authorities failed to consider the right to life of socially and economically backward transgender community, who also lost their livelihood like the others, due to the lockdown and other covid 19 restrictions.

Prayer Of The Petitioners

• It was the prayer of the petitioners that a corrigendum be issued to the G.O.(Ms) 37 dated 7.5.2021 of the Department of Cooperation, Food and Consumer Protection to cover the transgender community who do not possess ration cards under the Covid-19 cash relief of Rs.4000/-.
• The Petitioners also prayed that a direction be passed regarding the first instalment of Rs.2000/- of cash relief to be paid in the month of May 2021 to transgender persons who are not in possession of ration cards, either on the basis of their transgender identity cards or any other government ID.
• The prayer included a contention to conduct awareness programmes for the Transgender community in the State regarding the Covid-19 vaccination, to assure them about the safety of the vaccines especially for those who are undergoing hormone therapy or some other treatment.
• And lastly, it was prayed that a special vaccination drive for the Transgender community be conducted in the State for helping them to register online and get special vaccination slots in the local community health centres.

Submissions By The State Government

• It was submitted by the Advocate General, Mr. Shanmughasundaram appearing on behalf of the State Government that it will ‘Sympathetically consider’ an extension of Covid-19 cash relief of Rs. 4000/- to the Transgender Community who do not have a ration card in the State.
• The State Government also submitted that the eligibility for receiving the relief won’t be limited to the persons holding a ration card as there are other forms of identity cards to indicate orientation.

Order Of The Court

• The Hon’ble High Court of Madras in its order held that the Government should take a decision and come to the aid of the Transgender community who require immediate relief.
• The Chief Justice also held that Corporate Houses may also contribute to this cause.
• The matter was then listed on 7th June 2021 for the State Government to indicate if any measures have been taken in such regard.

What do you think about this Petition?