Rashi Jain and Anr. v. Government of NCT Delhi and Ors.

Delhi High Court · 08 Nov 2019 · 2019:DHC:5875-DB
D. N. Patel; C. Hari Shankar
W.P.(C) 7713/2018
2019:DHC:5875-DB
constitutional petition_dismissed

AI Summary

The Delhi High Court disposed of a PIL seeking enforcement of transgender welfare measures, directing the government to implement existing schemes and noting adequate steps taken.

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W.P.(C) 7713/2018
HIGH COURT OF DELHI
Date of Decision: 8 th November, 2019
W.P.(C) 7713/2018
RASHI JAIN AND ANR. ..... Petitioners
Through: None
VERSUS
GOVERNMENT OF NCT DELHI AND ORS. ..... Respondents
Through: Mr. Anupam Srivastava, ASC with Mr. Ankit Vashist, Adv. for R-1 & R-2
Mr. Devesh Dubey, Adv. for Mr. Anil Soni, CGSC for R-3 to R-5
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
D.N. PATEL, Chief Justice (Oral)

1. When the matter is called out, nobody appears for the petitioners.

2. We have heard the counsel for the respondents.

3. This Public Interest Litigation has been preferred with the following prayers: “(a) Directing the Respondents to comply with the orders/directions issued by the Hon'ble Supreme Court of India in the case titled National Legal Service Authority V. Union Of India & Ors.' 2014 5 SCO 438. (b) Pass any other Order of Writ of any Nature as the Hon'ble Court may deems fit in the interest of Equity, Justice and Good Conscience.”

4. Having heard the learned counsel for the respondent Nos.[1] and 2 and looking to our order dated 15th February, 2019, the measures taken for the welfare of the trans-genders in Delhi have been enlisted in the affidavit 2019:DHC:5875-DB W.P.(C) 7713/2018 dated 24th July, 2019 filed by respondent No.1 – Government of NCT of Delhi.

5. Learned counsel appearing for respondent Nos.[3] to 5 submitted that a Bill, namely “The Trans-gender Persons (Protection of Rights) Bill, 2016” has already been presented before the Parliament. Thereafter even Amendment Bill has also been presented before the Parliament. Thus, enough and adequate steps have been taken by the respondents and thus we expect that the initiatives taken by the respondents shall be implemented by the respondent Nos.[1] and 2 for the welfare of trans-genders in the National Capital Territory of Delhi.

6. In view of the steps already taken by respondent No.1 – Government of National Capital Territory of Delhi as detailed in their affidavit dated 24th July, 2019, we see no reason to further monitor this case. Nonetheless, we hereby direct the respondent No.2 to implement the schemes as recommended by the respondent No.1 in letter and spirit. The necessary committees which are already formulated at district level shall continue to work effectively and efficiently for the welfare of the trans-genders in the National Capital Territory of Delhi. The welfare schemes as pointed out in the counter affidavit of Government of NCT of Delhi shall be implemented for trans-genders as early as possible and practicable.

7. With these observations, this writ petition is hereby disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J NOVEMBER 08, 2019