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The Gauhati High Court has directed the Union of India to file its counter affidavit in a Public Interest Litigation alleging that the experts who have been made Members of the 'National Council for Transgender Persons' do not have any expertise in the matters relating to transgender communities.

The bench comprising Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia noted that in the instant PIL plea filed in the year 2020, despite having been given repeated opportunities, the Central Government has not filed its reply yet. 

Therefore, the bench gave time till today (April 20) to the Union of India to file its counter-affidavit as a matter of last opportunity. The matter is listed to be next heard on April 25. 

The basic challenge in the PIL  filed by All Assam Transgender Association is that under the Transgender Persons (Protection of Rights) Act, 2019, a National Council for Transgender Persons was to be constituted, which was established in 2020, however, selected Members of the Council lack expertise in the matters relating to transgender communities. 

The PIL plea also alleges that there is no transparency in the matter of selection of the candidates, who are to be either representative of the transgender community or experts, in the Council.

The National Council for Transgender Persons (NCTP) is the statutory body of the Government of India, generally concerned with advising the government on all policy matters affecting transgender, Intersex persons and people with diverse GIESC (Gender identity/expression and sex characteristics) identities.

The council is composed of four representatives of the transgender community and one from the Intersex community, one each from five different regions: the north, south, east, west and northeast. Additionally, several Joint secretary-level ex-officio members from various governmental ministries serve on the council as well as five expert members from non-governmental organizations.

Case Title: All Assam Transgender Association v. Union of India and 4 Others