Karnataka High Court Issues Notice To State Government In Plea Seeking Separate Hostel For Transgender Students
Karnataka High Court made headlines yesterday for its landmark judgement on marital rape. And it looks like the court is moving in the right direction. Once again the Karnataka High Court has made headlines for supporting transgender students. In a recent case, the High Court issued a notice to the state government and other respondents named in the petition seeking directions to provide a separate hostel for transgender students in higher educational institutes. In the case filed by one of India’s first transgender doctors, a division bench of Chief Justice Ritu Raj Awasthi and Justice SR Krishna Kumar issued notice to the respondents and scheduled the next hearing for June 6, 2022.
According to Live Law, in her petition, Dr Trinetra Haldar Gummaraju stated that rule 10 of the Transgender Persons (Protection of Rights) Rules, 2020 states that the concerned government has to create infrastructure and accommodation for transgenders with a choice of male/female or separate wards in hospitals and washrooms within two years of the rule coming into force. The petitioner contended that no rules have been framed for the housing and hostel facilities for transgender students claiming that there is no inclusivity in such cases. She further stated that this is one of the main reasons behind transgender students dropping out of higher education as they have to face harassment in hostels because they are accommodated into hostels based on their assigned gender and not based on their gender identity making them feel out of place.
The petitioner further stated that Chandigarh’s Punjab University has announced that a separate hostel will be provided for transgender students on its campus adding that Tata Institute of Social Sciences (TISS) has also announced that a separate hostel wing will be allocated for transgenders, non-binary as well as gender non-conforming students. Citing a Supreme Court Judge, the petition states that transgender students are also entitled to be accommodated in the hostel on the basis of their gender identity in education institutions. It further claims that the refusal to accommodate transgender students on the basis of their gender identity is a violation of their fundamental rights prescribed under Articles 14, 15 and 21 of the Indian Constitution.
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We’re happy to see this transgender doctor advocating for the rights of transgender but more importantly, the Karnataka High Court issuing a notice to the state government as well as other respondents for the rights of transgender students.
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