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Plea in Allahabad HC to form transgender welfare board in Uttar Pradesh

The petitioner stated, that the measures laid down by the Supreme Court in National Legal Services Authority v. Union of India must be implemented.

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A petition has been filed in the Lucknow Bench of the Allahabad High Court seeking the implementation of the provisions of the Transgender Persons (Protection of Rights) Act, 2019 in the state of Uttar Pradesh.

The petitioner, Sonam Chisthy Alias Sonam Kinnar, filed the petition through advocate Shamsher Yadav Jagrana, is seeking a direction to the state government to constitute the Transgender Welfare Board in accordance with the Act.

The petitioner stated, that the measures laid down by the Supreme Court in National Legal Services Authority v. Union of India must be implemented.

The petitioner has highlighted that in September last year, there were various news publications indicating that the state government was going to form a Transgender Welfare Board/Kinnar Ayog, but it has not been constituted so far.

It has been pointed out that the Central government had already sought a response from the Uttar Pradesh government on the implementation of the Transgender Persons Act.

“The ministry of social justice and empowerment, the government of India has sought report from the government of Uttar Pradesh regarding the implementation of provisions of the Act and notification dated October 25, 2020 pursuant thereof the government of Uttar Pradesh has issued letter to all the concerned departments through their head of department directing therein needful action to be taken,” the petition states.

The Act was notified on December 5, 2019. The Governor of Uttar Pradesh accordingly gave his assent for its implementation in the state.

Section 4 of the said Act states that any transgender person shall have a right to be recognized as such, in accordance with the provisions of this Act. Such persons shall have a right to self -perceived gender identity.

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A transgender person has to make an application before the District Magistrate for the issuance of a certificate of identity as a transgender person. In the case of a minor child, such application shall be made by a parent or guardian of the child.

The petition will next be heard in the second week of April.

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