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The Kerala High Court as of late gave a few directions so as to stop the issues faced by the transgender community in the midst of COVID-19 pandemic (Kabeer C Alias Aneera Kabeer vs. State of Kerala).
The petitioner, Aneera Kabeer, had moved the High Court highlighting the pitiable state of transgenders in the State in the midst of COVID-19. It was asserted that the State Authorities had not embraced to guarantee the conveyance of ration, access to clinical treatment and so on to them.
Responding to the plea, the Bench of Chief Justice S Manikumar and Justice Shaji P Chaly have now given the following guidelines:
1.The State authorities ought to guarantee that medicines are provided free of cost as per the arrangement of the State Government, whenever an individual from the transgender community is approaching the concerned legal authority with the prescription of a doctor.
2.Whenever any individual from the transgender network moves toward the District Authority or Nodal Officer delegated for the purpose of issuing gender identity card and the ration card, essential steps will be taken at the most punctual to address the issues and prompt steps ought to be taken to give the identity card and ration card to such people.
3.Every single other issue brought up by the transgender persons recorded as a hard copy will likewise be tended to fittingly.
The Petitioner had affirmed that the transgender people had been explicitly separated in the matter of alleviation measures during the COVID-19 lockdown. It was presented that the transgender community in Kerala were enduring inferable from the unlawful and subjective demeanour of the State Government. This is violative of Articles 14, 15 and 21 of the Constitution of India, the petitioner attested.
As for a portion of the grievances, the Court noticed that no particular examples were called attention to in the writ petition. Though the petitioner informed the Court that she had not been given a ration card, it was noticed that a proportion card was given to her after the applicant had recorded the writ appeal.
On the specific issue of not giving drugs, the Bench was of the view that the authorities are forestalled by law from providing such medications without a prescription.
The Bench additionally observed that identity cards and ration cards must be given to transgender persons who approached the Authorities.
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