The Rajasthan High Court recently voiced concerns over the absence of separate wards and dedicated healthcare facilities for transgender individuals in government hospitals and care centers across the state. The issue came to light during a hearing on a Public Interest Litigation (PIL), with the court scheduling the matter for final disposal on November 14.
The PIL was filed by Sambhali Trust, a non-governmental organization focused on social justice, and was represented in court by advocate Shivani Singh. The division bench, composed of Justices Shree Chandrashekhar and Madan Gopal Vyas, heard Singh’s arguments regarding the lack of inclusive healthcare infrastructure for transgender communities in Rajasthan.
Singh emphasized that transgender individuals often face significant obstacles and challenges when accessing healthcare services. She argued that existing hospitals in the state only provide wards and facilities for male and female patients, with no dedicated spaces or accommodations for transgender people. This omission forces transgender individuals to receive medical care in environments where they may feel uncomfortable or unwelcome, particularly given the societal stigmas and prejudices they frequently encounter.
In her arguments, Singh pointed out that states like Maharashtra have already implemented separate hospital wards for transgender individuals, establishing a more inclusive model for healthcare services. She urged the Rajasthan government to adopt similar practices, advocating for healthcare infrastructure that accommodates the unique needs and experiences of transgender patients.
Under Section 15 of the Transgender Persons (Protection of Rights) Act, 2019, transgender individuals have a legal right to accessible healthcare in hospitals and health institutions
The Bench
The court acknowledged the lack of inclusive medical facilities for transgender individuals as a pressing issue. The bench cited Section 15 of the Transgender Persons (Protection of Rights) Act, 2019, which grants transgender individuals the legal right to accessible healthcare. This legislation mandates that healthcare institutions and hospitals provide facilities that accommodate the transgender community’s specific needs, thereby ensuring a more equitable and supportive environment for these individuals.
The court’s observation highlighted the importance of ensuring that public healthcare facilities comply with this legal requirement and offer inclusive services for all genders. The division bench indicated its intention to review Rajasthan’s progress on this matter, encouraging the state to follow the example set by other regions in India. With the scheduled final hearing on November 14, the court is expected to evaluate the state government’s stance and assess any plans to improve healthcare access for transgender individuals in Rajasthan.
Hospitals only provide wards and amenities for men and women, leaving transgender individuals without inclusive medical infrastructure.
Shivani Singh, Counsel for Sambhali Trust
Sambhali Trust’s PIL aims to address the widespread healthcare inequities faced by transgender individuals, who often face discrimination and exclusion within healthcare systems. The lack of separate wards not only compromises their comfort and dignity but also hinders their access to timely and compassionate medical care. Advocates argue that the establishment of dedicated transgender wards would be a significant step toward addressing these issues and providing a safer, more inclusive healthcare environment.
The outcome of this hearing could set an important precedent for other states, potentially encouraging wider reform across India’s healthcare system to better support marginalized communities. By highlighting the experiences of transgender individuals in public hospitals, the court has drawn attention to the urgent need for structural changes in the healthcare sector.
The court’s decision on November 14 will determine whether Rajasthan takes further action to create a more inclusive healthcare environment for transgender people. This case underscores the importance of recognizing and addressing the unique challenges faced by transgender individuals in accessing healthcare, with potential implications for healthcare policies nationwide.
(Input from various sources)
(Rehash/Yash Kamble/MSM)
