Assam Advocate Swati Baruah Challenges Constitutional Validity of Transgender Act 2019 Judgment

Guwahati, January 27, 2020:

Assam’s first transgender Judge Swati Bidhan Baruah has challenged the constitutional validity of the Transgender Act 2019 judgment on the grounds that it violates the right to life, privacy and equality of the transpersons.

Speaking with Inside Northeast, Swati said, “The NALSA judgment says if you are a transgender, then self-identification is enough. However, these new norms say that if you are a transgender, you cannot self-identify yourself. You have to make an application before a district magistrate. Then the district magistrate will formulate a committee, they will examine you and then they will give you a certificate.”

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Today was the first hearing day of the petition against NALSA. The Supreme Court of India, headed by Chief Justice of India, SA Bobde and Justices BR Gavai and Surya Kant, issued a notice in the plea today seeking a reply on the same.

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It may be mentioned here that Swati Bidhan Baruah had filed a writ petition challenging the constitutional validity of the Transgender (Protection of Rights) Act, 2019. It stated that the Act, instead of furthering or protecting the fundamental rights of transpersons, violates and facilitates the violation of the right to life, privacy and equality of transpersons.

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