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PIL in HC seeks separate hostel for transgender students

The High Court has issued notice to the state government on a PIL seeking separate hostel facility for transgender students pursuing higher education
Last Updated 24 March 2022, 22:09 IST

The High Court of Karnataka has issued notice to the state government on a PIL seeking separate hostel facility for transgender students pursuing higher education.

A division bench headed by Chief Justice Ritu Raj Awasthi ordered notice to University Grants Commission (UGC) and National Medical Commission (NMC) on the PIL filed by Dr Thrinetra Haldar Gummaraju, a transgender doctor, contending that transgender students are forced out of the hostels due to harassment.

The petitioner, said to be country’s one of the first doctors from transgender community, stated that transgender students across the state face various difficulties in accessing education and safe accommodation. The petitioner herself had experienced the challenging situation as a transgender medical student.

The petition said that Section 3 (a) of the Transgender Persons (Protection of Rights) Act, 2019, prohibits discrimination in educational establishments and Section 3 (g) prohibits unfair treatment in regard to right to reside, purchase, occupy any property. The petitioner has also stated that Rule 10 of the Transgender Persons (Protection of Rights) Rules, 2020, provides for the government to create institution, infrastructure, short-stay homes and separate wards in hospitals within two years from the date of coming into force the Rules.

“However, there are no specific rules framed for housing and hostel facilities for transgender students. Though the said legislation addresses inclusive education, it does not provide any measures relating to inclusive housing and hostel accommodation in higher education. One of the main reasons why transgender students are often forced to drop out of higher education is because of harassment faced in hostels as they are not accommodated in hostels based on their gender identity but based on their sex assigned at birth and hence are placed in opposite gender hostels,” the petition said.

The petition has prayed for a direction to provide separate hostel accommodation and appropriate circulars from appropriate authority calling upon higher education institutions in Karnataka to include in their admission and hostel forms the option for including the gender identity of students as transgender.

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(Published 24 March 2022, 17:12 IST)

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