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Hearing a petition filed by Noori, a transgender social worker highlighting issues of financial instability, starvation due to lack of availability of food and income, the Madhya Pradesh High Court has directed the state government to ensure distribution of food grains and other benefits available to transgenders under central, state welfare schemes and the National Food Security Act, 2013.

The court has also directed the Madhya Pradesh Legal Services Authority to help the transgenders across the state in getting their Identity Cards, Transgender Cards, Ration Cards and Aadhar Cards prepared to help them avail of the benefits under the schemes. 

A Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla hearing the public interest litigation by Noori, directed that,

“The Collectors of each district in the State shall ensure distribution of the food grains and other benefits admissible to the transgenders in the State under the schemes of the Central Government/State Government as well as under the National Food Security Act, 2013.”

The petitioner is a social worker and paralegal volunteer at Indore, working for the cause of transgender welfare.
 
Adv. Shanno Shagufta Khan, counsel for the petitioner contended that approximately 1000 transgenders are living in Indore and most of them do not have any source to earn their livelihood and suffer from starvation. Stressing upon the plight of a particular section of the transgender community, the Counsel explained that there are two types of transgenders each having their own sets of issues.

“While Type-I transgenders live in 'Dera', and earn their livelihood by 'Toli Badhai' and are financially stable, the Type-II transgenders are those who live in their houses and earn their livelihood by doing little chores. Type-II transgenders are not financially stable and are in dire need of assistance from the Government,” she said.

Highlighting an earlier case from 2020, Sandhya Sandeep Kumar Ghavri vs. The State of M.P. and others, the counsel submitted that even though the Advocate General appearing for the State of Madhya Pradesh in the case had assured the court that the State shall provide proper assistance and supply 25 kg 'Ration' and cash assistance of Rs.5000/- per month to the transgenders in the State for at least six months, most of the transgenders in the state still do not even have transgender cards. Due to non-availability of these transgender cards, they are not in a position to get their 'Aadhar' Card and 'Ration' Card prepared, as a result of which they are not in a position to avail of the benefits assured by the state.

Further, the counsel said that as against the promise of providing 5 kg food grains every month, currently only 4 kg food grains were being given to the transgenders - 2 kg of which is bajra, which in itself is highly insufficient for their survival.

Having heard both the parties, the Court further directed,

“Having regard to the aforesaid situation faced by the transgender community in the State of Madhya Pradesh, we direct the Member Secretary, M.P. State Legal Service Authority to provide assistance to all such transgenders across the State by getting a survey conducted through Paralegal Volunteers and help them in getting their Identity Cards/Transgender Cards, 'Ration' Cards and 'Aadhar' Cards prepared.”

The court also ordered that the Secretary of the District Legal Service Authority, in each district, shall monitor this exercise.

Directing that a copy of the order would be forwarded to the Additional Chief Secretary, Social Justice Welfare Department, Government of Madhya Pradesh, Bhopal and to the Member Secretary of Madhya Pradesh Legal Services Authority, Jabalpur for doing the needful, the Court asked the matter to be listed on Sep 20.

Case Title: Noori v. The State of Madhya Pradesh and Others

Edited by Shreya Agarwal