News UpdatesNo Reason To Deny Any Basic Human Right To Transgender Community : Kerala HC Directs To Ensure Supply Of Ration Cards, Free Medicines Viswajith Anand1 July 2020 8:55 PMShare This – xOn a Public interest Litigation filed by a transgender person, the Kerala High Court directed the State of Kerala to ensure the free supply of medicines in consonance with the polices of the state government, whenever any member of the transgender community is approaching the concerned statutory authority with the medical prescription of a doctor. A bench comprising Chief Justice…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginOn a Public interest Litigation filed by a transgender person, the Kerala High Court directed the State of Kerala to ensure the free supply of medicines in consonance with the polices of the state government, whenever any member of the transgender community is approaching the concerned statutory authority with the medical prescription of a doctor. A bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly directed that, “If and when any member of the transgender community approaches the District Authority or Nodal Officer appointed for the purpose of issuing gender identity card and the ration card, necessary steps shall be taken at the earliest to address the issues, and on being satisfied, to take immediate steps to issue identity card and ration card to such persons.” Also the court directed the state to address properly any issues raised by the transgenders in writing. With regard to the five transgender persons mentioned in the statement filed by the petitioner the court held that : “If five persons mentioned in the statement filed by the petitioner are approaching the concerned District Authority constituted by the Government for the purpose of addressing the issues of the transgenders, the same shall be looked into and provide necessary articles and medicines to such persons and their grievances shall be alleviated. “The directions were passed in a writ petition filed by Aneera Kabir. CONTENTIONS RAISED BY THE PETITIONER : The petitioner contented for the benefits of the law laid in the Apex Court decision in National Legal Service Authority v. Union of India and Other s [(2014) 5 SCC 438], and presented before the court that the transgender community in Kerala especially in the lock down situation are facing severe crisis in terms of access to essential food supply, medicines and allied treatments. Equally they are facing threat of torture from the part of police authorities. THE KERALA STATE’S CONTENTION The State of Kerala through its affidavit had contended that state of Kerala never followed a different treatment towards its people especially in the time of these grave crisis. They have made earnest efforts to protect the rights and interest of the Transgender community. The State of Kerala submitted that, the Kerala state is flamboyant for its transgender policy and and its the first state in the country to implement such a policy for the holistic empowerment of the transgender community. The state had further stated some of the welfare measure they administered for the benefit of the transgender community, as follows : Authorities like transgender justice Board in the state level and a Transgender Justice committee at the District levelVarious Schemes for the overall upliftment and protections of persons belonging to transgender community interms of self employment, marriage assistance, financial aid for self employment and sex rearrangement surgery etc.A helpline facility and scholarship for the persons belonging to transgender community. EtcTreatment facilities including hormone therapy.Short stay homes for the people belonging to the Transgender community under the aegis of the Social Justice Department in four districts (Thiruvananthapuram, Kottayam, Ernakulam and Kozhikode), etc NO SPECIFIC INSTANCES POINTED OUT The Court had observed that, no specific instances regarding the violation of the rights of the transgender community were pointed out in the Writ Petition and court had acknowledged the names of five transgender persons filed through a statement in the subsequent stage. The state government had contended through the counter affidavit that the committees constituted for the benefit of the transgender communities in the District and the State levels are functioning effectively and whenever any complaint or representation from any transgender persons are received on account of the inconvenience faced by them due to the non- supply of food or medicines, police atrocities, students grievances etc. the same will be addressed immediately. The Court observed that : “We are of the view that when the State Government has taken enough and more steps to provide various facilities and the authorities are appointed for addressing their issues, it is for members of that community or the NGOs or the members representing the transgender community to approach the said authorities and put forth the rights, they are entitled to. Even though it is contended that the members of the transgender community are being harassed by the police, we are unable to act upon such a contention, since no specific instances are pointed out by the petitioner enabling us to direct the respondents to take appropriate action against the police officials.” And the Court further observed that , “it is trite and well settled that even a person approaching a constitutional court with a public interest litigation should provide necessary materials, and facts and figures enabling the constitutional court to rely upon the same and issue appropriate directions to the State and its authorities.” PRIVACY ISSUES AND ALLIED ISSUES The Court had observed that the identification of the transgender community is an issue involving privacy and it is the duty of the concerned authority to provide the documents once the person in need approaches, for the issuance of the same. The Court held that : We are also of the view that the issue with respect to the gender identity of the transgender has been considered by the Apex Court in the judgment in National Legal Services Authority (supra), after taking in depth study with respect to the problems and issues faced by the transgenders all over the world. The Apex Court has also held therein that gender identification becomes a very essential component which is required for enjoying the civil rights of the members of the community. It is only with the recognition that many rights attached to the sexual recognition as ‘third gender’ would be available to this community more meaningfully ie., the right to own property, right to marry, right to claim a formal identity through a passport and a ration card, a driver’s licence, the right to education, employment, health and so on. We are also of the view that there are no reasons for denying any basic human right to a member of the transgender community. But, unless and until such efforts are made by the members of the community to secure their rights through appropriate statutory authority constituted by the State Government due to the peculiar nature of the issue, statutory authorities may find it difficult, especially due to the right to privacy, and right to choice, enjoyed by such persons, which are referable to the right of life and liberty enjoyed by the citizens under Article 21 of the Constitution of India. The court had equally identified the role of the members of the community, or NGO’s and others who are working with the transgender community to identify the issues facd by the transgender community and to direct the same to the authorities concerned.The petitioner was represented by Advocate Thulasi K.Raj and the State ware represented by the Addl.Advocate General Ranjith Thampan and Senior Government Pleader Advocate Surin George IPEClick here to download OrderRead Order Next Story
Sign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York A Wyandanch man has reportedly been accused of sexually abusing a teenager authorities say he robbed in Northport in 2011.Ariel Perez, 23, was arrested last month and pleaded not guilty at Suffolk County court last week to charges of sexual abuse, criminal sexual act, unlawful imprisonment and robbery, records show.NBC 4 New York cited an anonymous source in reporting that a tip led MTA police to the suspect who allgedly locked a 16-year-old boy in the bathroom at the Long Island Rail Road station, sexually abused him and robbed him of $110 in August 2011.Judge Barbara Kahn set bail for Perez at $90,000 cash or $30,000 bond. He is due back in court Feb. 25.
Jackson County, In. — Indiana Conservation Officers are assisting the Federal Aviation Administration after an overnight plane crash in Jackson County. Chad Lowe, 31, of Crossville, Tennessee, crashed the small plane he was piloting and escaped with no injuries.Shortly after 1:00 a.m. Saturday morning, Lowe was piloting his 1962 Piper Colt aircraft when it suffered a mechanical failure, causing him to crash into a dense grove of trees in the Jackson-Washington State Forest, near Skyline Drive. Lowe hiked to a nearby residence and sought assistance.Indiana Conservation Officers were assisted by the Jackson County Sheriff’s Department on scene. The FAA is investigating.
RelatedPosts French court suspends relegation from Ligue 1 PSG retains Ligue 1 title Fabregas scores in Monaco’s first win in seven league games Toulouse sacked coach Antoine Kombouare on Sunday after Saturday’s humiliating 1-0 Coupe de France round of 64 defeat to amateur side Saint-Pryve-Saint-Hilaire extended the club’s worst-ever run of form. The 56-year-old, who oversaw two wins from his first three matches in charge before a run of 10 consecutive losses across all competitions, was only appointed in mid-October as Alain Casanova’s replacement. Lille at home in Ligue 1 and Niort away in the Coupe de la Ligue were Kombouare’s only successes with the club before the barren run set in. However, his final match was a shock defeat to Saint-Pryve, with Carnejy Antoine scoring the game’s only goal in the sixth minute of stoppage time. Denis Zanko has provisionally moved up from the youth academy to lead the senior side ahead of Saturday’s home clash with Brest. Toulouse are bottom of Ligue 1 on goal difference with Nimes also on 12 points. President Olivier Sadran said in mid-December after a 1-0 loss at home to Reims in Ligue 1 that he was prepared to reimburse season ticket holders because of lacklustre performances. Kombouare has previously coached Paris Saint-Germain, Lens, Strasbourg, Guingamp, Dijon and Valenciennes in France. Meanwhile, Ligue 2 side Niort also parted ways with coach Pascal Plancque after their shock Coupe de France defeat to Saint-Pierroise over the weekend. Saint-Pierroise, who come from Reunion, which is just off the coast of Madagascar, travelled almost 10,000 km to win on the mainland and become the first overseas team to qualify for the round of 32 of the Coupe de France in over 30 years.Tags: Antoine KombouareDenis ZankoSaint-Pryve-Saint-HilaireToulouse
The #Bills statement on rookie QB Jake Fromm and the text messages from 2019 made public earlier. pic.twitter.com/l9WaWAxsYl— Ian Rapoport (@RapSheet) June 4, 2020The Bills have to be more disappointed than that last sentence, to the point there already should be regret for drafting Fromm without completely vetting him. It’s always the absolute wrong time for an NFL player to make a racist remark, whatever the context. It’s even worse when it’s made by a rookie without guaranteed status and disclosed during an offseason when the team is unable to gather, work together and confront problems in person.Colin Kaepernick, who was ahead of the rest of the NFL in bringing attention to social justice issues with his national anthem kneeling protests in 2016, couldn’t be signed even as a third-string QB despite his much higher ceiling as a thrower and athlete. It’s not a good look to see Fromm get that shot as a much more physically limited prospect.If Fromm thought picking up a complex NFL offense for a strong playoff contender was hard, he can expect everything for him to get harder still as he tries to mesh with players who are unfamiliar to him, those who are African-American and otherwise. The difference between Fromm and the Saints’ Drew Brees is that Fromm has no kind of equity built up on his team and in the league. That will make it a lot more difficult for him to recover. Jake Fromm hasn’t attended a live practice as the Bills’ 2020 fifth-round draft pick, but his hopes of making the team have already taken a hit. The former Georgia quarterback didn’t do himself any favors when he made it tougher for his new teammates to give him love right away.Fromm already has made his worst rookie mistake — which he committed in the year before being selected by Buffalo. He apologized Thursday for using the phrase “elite white people” during a leaked text message conversation from 2019. “There’s no excuse for that word choice and sentiment,” read part of Fromm’s statement on Twitter. “I promise I commit myself to being part of the solution in this country. … Again I’m truly sorry for my words and actions and humbly ask for forgiveness.”pic.twitter.com/UstiEM6DAu— JakefromStateFromm (@FrommJake) June 4, 2020What Fromm said in the text exchange is further troubling because of the context in which it was mentioned.Bills rookie QB Jake Fromm is in danger of getting cut after texts leaked of him saying guns should be expensive “so only elite white people can get them haha” pic.twitter.com/aYkfV6FxsX— Lee Harvey (@MusikFan4Life) June 4, 2020Fromm was a successful three-year starter at Georgia, his home-state school, going 35-7 while showing the pro makeup that got him drafted on Day 3 despite having limited arm strength and athleticism. The Bills picked up a developmental talent to compete with Matt Barkley for No. 2 duty behind third-year franchise QB Josh Allen.MORE: Saints players forgive Drew Brees after QB’s apologyAlthough Fromm first came clean to the Bills in internal discussions, there’s no doubt he will now have a tougher battle to be fully welcomed in the locker room.”Jake was honest and forthcoming to us about the text exchange,” part of the Bills’ statement read, per NFL Network’s Ian Rapoport. “He asked for an opportunity to address and apologize to his teammates and coaches in a team meeting today, and he did. We will continue to work with Jake on the responsibilities of being a Buffalo Bill on and off the field.”
Manchester City players celebrating togetherLondon, United Kingdom | AFP | Manchester City were left with a healthy eight-point lead at the top of the Premier League after second-placed Manchester United suffered a 1-0 loss away to champions Chelsea hours after the leaders saw off Arsenal 3-1 on Sunday.United manager Jose Mourinho, a former title-winning boss with Chelsea, saw his latest visit to Stamford Bridge end in defeat courtesy of Alvaro Morata’s 55th-minute header that ended a run of six games without a goal for the Spain striker.Victory left Chelsea fourth, nine points off the summit.It was a much-needed win for Chelsea and under-pressure manager Antonio Conte following their midweek Champions League loss away to Roma.Conte and Mourinho’s already tense relationship showed no signs of improving after the Chelsea boss ignored his United counterpart for the traditional post-match handshake between managers.“It’s not important. You have to have the respect on the pitch not outside the pitch,” Conte, who at full-time raced onto the pitch to celebrate with his players, told Sky Sports.Mourinho, twice sacked by Chelsea despite winning the English title three times, insisted he had done all he could to observe the formalities after his third successive defeat at Stamford Bridge.“You don’t want me to chase him into the middle of the pitch,” he said. “He (Conte) doesn’t have to wait. There is no problem with it at all.”Turning to the result, Mourinho was in defiant mood.“We are second — not fifth, sixth or seventh or eight,” he said. “We have several teams in a more difficult position than we have.” Earlier, City were impressive against the Gunners, with Kevin De Bruyne firing Pep Guardiola’s men into an early lead at the Etihad before Sergio Aguero made it 2-0 from the penalty spot early in the second half.Alexandre Lacazette pulled a goal back for the Gunners but Gabriel Jesus put City 3-1 up in the 74th minute despite a suspicion of offside, with Arsene Wenger’s Arsenal now 12 points behind City.“The third goal, at 2-1 we are in the game and he (referee Michael Oliver) gives a clear offside goal. And, of course, that kills the game for us,” said Wenger.However, City counterpart Guardiola had no truck with suggestions his side had been fortunate to win.“We won in the best way and we deserved by far the victory,” said Guardiola after City backed up their midweek Champions League win away to Napoli. Share on: WhatsApp Pages: 1 2