Implementation of the NALSA Judgment

Reshma Prasad @ Ramesh Prasad vs. The Union of India & Ors. When under the Integrated Counseling & Testing Center (ICTC) programme if a male is preferably counseled by a male counselor and female by a female counselor then same should also apply in the case of a third gender community. It is pertinent to mention here that the community has a legal recognition and is backward among the classes as held by the Hon’ble Apex Court in NALSA Vs. U.O.I. & Ors.. The BSACS executes a Targeted Intervention programme (Annexure -1) wherein the transgender / Hijra persons are the most vulnerable groups of the population and peer education, testing, support, care, linkages of treatment, testing, etc. is to be provided. Despite the above there is not a single counselor from the third gender community and therefore the effectiveness of such counseling at the ICTC is doubted. Further, the community has its own challenges and weaknesses. Moreover, a lot of social stigma is attached to the community, too. Therefore, such inaction on behalf of the Authorities seriously prejudices the effective implementation of its programme in controlling and creating awareness against HIV+/AIDS and also with respect to the care of Persons Living with HIV+/AIDS (PLHA). Judgement / Status Pending but obtained several positive orders regarding production of the data of the Third Gender people in Bihar, implementation of the NALSA judgement passed by the Apex court. The High Court has widened the scope of the PIL and now it has directed for the implementation of the entire NALSA judgement to the State Govt. & BLSA.