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Kerala HC seeks State response on transgender post-operative aid

Source: IANS - National
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Kerala HC seeks State response on transgender post-operative aid

Kochi, Sep 17 — The Kerala High Court on Thursday sought the State government's response to a plea by a transgender person over the non-payment of financial assistance for post-operative treatment.

Justice Bechu Kurian Thomas gave the Government Pleader time to get instructions and the court posted the case for further hearing on October 8.

The petitioner said he comes from a financially poor background and is currently unemployed.

He had undergone Sex Reassignment Surgery and he was initially given Rs 62,563 as financial assistance for the surgery.

After the Sex Reassignment Surgery, he applied for financial assistance for post-operative care and treatment, relying on a government order issued on November 14, 2018.

The government order provides Rs 3,000 per month for 12 months to transgender persons who have undergone Sex Reassignment Surgery.

The total assistance under the scheme is Rs 36,000 and the petitioner said he received Rs 15,000 for five months but the remaining Rs 21,000 for seven months was not paid.

He said he made repeated requests to the authorities for the remaining amount but there was no payment coming forth.

He has now approached the High Court seeking directions to the government officials to release the balance amount.

The petitioner has also contended that the denial of the assistance violated his fundamental rights under Articles 14 and 21 of the Constitution.

He relied on a Supreme Court judgment in Jane Kaushik vs. Union of India in support of his argument.

The petitioner has sought an order directing the authorities to release the remaining Rs 21,000.

As an interim relief, he has also sought a direction to the authorities to consider a representation submitted before the Director of Social Justice.

The petitioner also pointed out that he had learnt from others in the transgender community that funds released for their benefit were sometimes not fully utilised and subsequently lapsed, resulting in beneficiaries being deprived of the intended assistance.

The High Court has now sought the State's response before considering the matter further and the case will now be heard on October 8.