Transgender persons can avail benefits of Ayushman Bharat: Gauhati High Court
Guwahati: The Gauhati High Court was recently informed by the Department of Health and Family Welfare that eligible Aadhaar-linked NFSA transgender persons will be able to avail medical and surgical benefits under the proposed AB-PMJAY-Smile Transgender Health Protection Scheme. Launched by the Government of India.
Chief Justice (Acting) Lanusungkum Jamir and Justice N. A two-judge bench of Unni Krishnan Nair said this in connection with a PIL (case no. 74/2018) filed by transgender activist and lawyer Swati Bidhan Barua regarding the eligibility of transgender persons. To avail benefits under the Central Government’s health assurance scheme, Ayushman Bharat-Pradhan Mantri Jan Arogya Yojana (AB-PMJAY).
The bench made this observation based on the arguments of D.P. Bora, standing counsel for the Department of Health and Family Welfare, during which he presented a letter written by the chief.
The Executive Officer of Atal Amrit Abhiyan Society has given some instructions that AB-PMJAY provides cashless medical benefits up to Rs. Rs 5 lakh per family per year in AB-PMJAY empaneled hospitals to Aadhaar linked National Food Security Act (NFSA) beneficiaries as per the medical and surgical package defined under the scheme.
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Additionally, any person covered under NFSA and holding an Aadhaar card is eligible to avail cashless medical benefits under AB-PMJAY, and eligible Aadhaar linked NFSA transgender persons are also included in the scope of the scheme.
Advocate Bora also cited a communication from the National Health Authority (NHA) which stated that the NHA and the Ministry of Social Justice and Empowerment, Government of India, are planning to extend comprehensive health care benefits to transgender persons under the umbrella name. “AB-PMJAY-SMILE Transgender Health Protection” Scheme. The scheme aims to provide health benefits up to Rs. Rs. 5.0 lakh per beneficiary per year to all transgender persons living across the country.
It also said that AB-PMJAY-SMILE covers treatment based on AB-PMJAY health benefit packages as well as additional 50 specific packages related to Sex Re-Assignment Surgery (SRS).
Further, he said that the Ministry of Social Justice and Empowerment has identified 149 hospitals across the country that provide SRS treatment facilities, and such hospitals have been directed to ensure availability of SRS packages to the beneficiaries of AB-PMJAY-SMILE. Steps are being taken to include.
Gauhati Medical College and Hospital is among the 149 empaneled hospitals.
It was also said that the scheme is in the process of being launched, and once launched by NHA, all transgender persons holding certificates from the National Portal for Transgender Persons will be able to benefit from the scheme.
Furthermore, Deputy Solicitor General of India R.K. Dev Chaudhary had prayed for some time so that he could get instructions as to how the Union of India would address the said issue.
The HC bench accepted the prayer and asked to list the matter after two weeks.
It is to be mentioned here that some transgender persons were denied benefits under AB-PMJAY at Gauhati Medical College and Hospital (GMCH) on the ground that they did not have ration cards, following which the petitioner filed the PIL. Did.
Hearing the PIL on October 13, 2023, a two-judge bench asked the standing counsel for Health and Family Welfare to take instructions on the plea of the petitioner and submit the response of the authority concerned by the next date. He was also directed to apprise the court about the steps taken at Gauhati Medical College and Hospital regarding compliance with Section 5 of the Transgender Persons (Protection of Rights) Act, 2019.
