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Healthcare for transgender persons: HC seeks response from Assam govt on SOP

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Guwahati, Jan 10: The Gauhati High Court has directed the Assam government to file a response to the additional affidavit filed by a petitioner to inform whether the standard operating procedure (SOP) issued by the Union ministry of health and family welfare regarding treatment and other medical facilities to be provided to the transgender community, has been implemented in the state.

The division bench of the High Court, comprising Chief Justice Vijay Bishnoi and Justice Kaushik Goswami, issued the order while hearing a PIL filed by advocate Swati Bidhan Baruah, raising the issue of alleged apathy on the part of the various authorities, in their failure to address the medical needs of the members of the transgender community living in Assam, more particularly, extending the facility of reconstructive surgery.

The Union ministry had issued the SOP on September 3, 2024, in relation to the medical treatment and other medical facilities, etc., to be provided to the transgender community in the state.

The petitioner had submitted an additional affidavit stating that the Assam government is required to implement the said SOP issued by the health ministry.

“Learned counsel appearing for the respondent government department is directed to file response to the additional affidavit, clarifying whether the SOP issued by the Ministry and Health and Family Welfare Department, Government of India, has been implemented in the state of Assam, or not,” the Court observed.

The Court further directed the state government to provide details regarding the measures taken by it in terms of the provisions of the Transgender Persons (Protection of Rights) Act, 2019.

The matter was listed again on March 3, 2024.

“In the meantime, the petitioner, if so desires, may file an additional affidavit regarding further steps required to be taken by the state or the central government on the issue involved in this PIL petition,” the Court said.

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