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DISTRICT - KAMRUP (METRO)

IN THE GAUHATI HIGH COURT AT GUWAHATI
(The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)

(CIVIL EXTRA - ORDINARY JURISDICTION)

PUBLIC INTEREST LITIGATION NO. /2018

CATEGORY OF CODE : 10194

CATEGORY OF CASE : PUBLIC INTEREST LITIGATION

To
The Hon’ble Chief Justice MR. A. S. BOPANNA , B.Sc,LL.B, DPM & IR the Chief Justice
of the Hon’ble Gauhati High Court and other companion Justices of the said Hon’ble Court.

IN THE MATTER OF :
A Public Interest Litigation under Article 226 of the
Constitution of India read with GAUHATI HIGH COURT (PUBLIC
INTEREST LITIGATION) RULES, 2011, for issuance of a writ in
the nature of Mandamus and/or Certiorari and/or any
other appropriate writ, orders or directions.

- AND -
IN THE MATTER OF :
Enforcement of the fundamental rights guaranteed under
Articles 14, 15, 16, 19(1)(a) and 21 of the Constitution of
India as well as other legal and constitutional rights in
respect of the members of the Trans Gender Community
in the state of Assam whose cause the petitioner
represents;

- AND -

IN THE MATTER OF :

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Prayer for a direction to the Ministry of Health & Family

welfare/ Govt. of India and Health & Family welfare
department/ Govt of Assam to take immediate and
effective steps to implement the directions of Hon’ble Apex
Court in NALSA vs Union of India (2014) 5 SCC 438,
in regard to the members of transgender community by
evolving necessary principles for their enrollment in the
centrally sponsored health scheme “AYUSHMAAN
BHARAT”, by way of separate Transgender Health &
Greivance cell under the Health & Family welfare
department/ Govt. of Assam.

- AND -
IN THE MATTER OF :

SWATI BIDHAN BARUAH,

D/O – Supti Ranjan Baruah,
R/O – Pandu Cabin (Near Railway B.G. office), P.O. –
Pandu, Guwahati – 781012, District – Kamrup (Metro),
Assam.
.............. Petitioner

- Versus -

1. THE STATE OF ASSAM, represented by the Chief

Secretary to the Government of Assam, Dispur, Guwahati-
6, District-Kamrup (Metro), Assam.

2. THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF

ASSAM, Health and Famly welfare Department, Dispur,
Guwahati-6, District Kamrup(Metro), Assam.

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3. THE UNION OF INDIA, represented by the Secretary to

the Government of India, Ministry of Health and Family
welfare, New Delhi.
............... Respondents

The humble petition of the petitioner abovenamed -

MOST RESPECTFULLY SHEWETH :

1. That the petitioner states that she has no personal interest in this litigation and the
petitioner is not guided by self-gain or for gain of any other person/institution or today
and that there is no motive other than of public interest in filing this petition.

2. That the petitioner is a citizen of India and a permanent resident of Assam and she
resides in the Kamrup (Metro) district at the address mentioned above. The petitioner
herself is a member of the transgender community and has undergone sex
Reassignment Surgery (SRS). The petitioner takes keen active interest in the welfare
and betterment of the transgender community. The petitioner is a member of All India
Transgender Forum of South-India (TRANSKARANGA), and International Association of
LGBTQ Judges. She is also the founder of All Assam Transgender Association. The
petitioner further states that she has the means to pay the costs, if any, imposed by this
Hon’ble Court and undertakes to pay the same if so imposed.

3. That by way of this petition, the petitioner is representing the whole Transgender
Community in the State of Assam and thus seeking reliefs, which would benefit the
entire transgender community in the State. who are otherwise not in a position to
approach this Hon’ble Court by filing individual petitions and pursue the same.

4. That the respondents herein would be responsible for implementing the orders that may
be passed by this Hon’ble Court in this case. Accordingly, they have been arrayed as
party–respondents. To the knowledge of the petitioner no other
persons/bodies/institutions are likely to be affected by the reliefs/orders sought in this
petition.

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5. That the sources of knowledge of the facts stated/alleged in this petition are derived
from the petitioner’s own experiences and research into the subject matter. The
petitioner has also verified the facts by means of interactions with the members of the
transgender community of the state, living in a very pitiable condition.

6. That the terms ‘Transgender’ is a general term that denotes persons whose gender
identity, gender expression or behaviour does not conform to their biological sex. The
term Transgender comprises also persons who do not identify with the sex assigned at
birth, which include hijras/eunuchs who describe themselves as ‘third gender’ and do
not identify as male or female. Transgender also includes persons who intend to undergo
Sex Reassignment Surgery (SRS) or have undergone SRS to align their biological sex
with their gender identity in order to become male or female. Thus the term
‘transgender’ in contemporary usage has become an umbrella term which includes pre-
operative post-operative and non-operative trans sexual people who strongly identify
themselves with the gender opposite to their biological sex, as well as includes people
of the ‘third gender’.

7. That the petitioner begs to state that nearly 3 (three) years have lapsed since the
Hon’ble Supreme Court had issued directions to the Centre and State Governments for
taking appropriate steps for the betterment of the transgender community, vide the
judgment dated 15.04.2014 passed in the case of National Legal Services Authority
– Vs – Union of India & Others, reported in (2004) 5 SCC 438. Nevertheless the
State of Assam so far has done nothing tangible for implementing the said directions.
In this regard the petitioner submitted a Memorandum dated 13.06.2016 to the Hon’ble
Chief Minister, Assam. The said memorandum was forwarded from the Chief Minister’s
office to the Principal Secretary, Social Welfare on 17.06.2016. However, thereafter the
State Government has done nothing at all in the matter that the petitioner is aware of

Copies of the aforesaid memorandum dated 13.06.2016

and forwarding letter dated 17.06.2016 are annexed
hereto and the same are marked as ANNEXURE – 1 & 2
respectively.

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9. That the Hon’ble Supreme Court in the above referred judgment, has elaborately
discussed the historical and social background of the trans-gender community and the
discrimination and deprivation faced by them and about the rights they are entitled to.
As such, for the sake of brevity, the petitioner is not repeating the same herein, but
craves the leave of this Hon’ble Court to refer to and rely on the same at the time of
consideration of this petition.

Copy of the said Judgment & Order dated 15.04.2014

passed by the Hon’ble Supreme Court in the case of
National Legal Services Authority – Vs – Union of India &
ors. is annexed hereto and the same is marked as
ANNEXURE – 3.

10. That the petitioner begs to state that the members of the transgender community in
Assam (whose total number comes to about 20,000 approx) are also facing the same
difficulties, discriminations and deprivations as faced by their counterparts in other
states of the country. More particularly they are facing economic, medical and
educational backwardness due to absence of provisions for reservation in the matter of
admission to educational institutions and reservation in the matter of public
employment, medical benefit, and economic development.

11. That the petitioner states that the Central Government under the aegis of the Ministry
of Social Justice and empowerment had constituted a committee called “Expert
Committee on Issue Relating to Transgender”, for making an in-depth study of the
problems being faced by the transgender Community and Suggest Suitable measures
that can be taken by the Government to ameliorate those problems. The Committee
held meetings on 6th November 2013, 29th November, 2013, 3rd January, 2014 and 21st
January, 2014. These meetings were attended by various other experts as Special
Invitees. The said Committee submitted its report to the Government on 27.01.2014.
During the hearing of the case of National Legal Service Authority – Vs – Union of India
7 Ors. The Hon’ble Supreme Court was apprised of the Constitution of the said
Committee. Accordingly, the Hon’ble Court in this Judgment dated 15.04.2014, in
paragraph 136 thereof, had directed that the recommendations of the committee be

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examined based on the legal declaration made in the judgment and be implemented
within six months.

Para 130. Of the NALSA judgment.

“ We are informed an Expert Committee has already been constituted to make an in

depth study of the problems faced by the Transgender Community and suggest
measures that can be taken by the government to ameliorate the problems and to
submit its report with recommendations within three months of its constitution. Let the
recommendations be examine based on the legal declaration made in this judgment and
implemented within six months. “

Copy of the Report of the Expert Committee, submitted on

27.01.2014, is annexed hereto and the same is marked as
ANNEXURE – 4.

12. That the petitioner begs to state that following the judgment of the Hon’ble Supreme
Court many states of the Country have taken concrete steps for implementing the
orders/directions of the Hon’ble Court. For example the State of Kerala has formulated
the ‘State Policy for Transgender in Kerala – 2015" in tandem with the Judgment of the
Hon’ble Supreme Court and Report of the Expert Committee. For the purpose of
implementation of the policy a State Transgender Justice Board and District Transgender
Justice Committee have been set up under the Social Justice Department of the State.
The Government of Tamil Nadu in Social Welfare and Nutritious meal programme
Department has issued an order dated 06.11.2015 concerning gender identification of
transgender as third gender, male or female. The State of Tamil Nadu has also set up
Transgender Welfare Boards. Besides the aforesaid states, the State of Maharashtra has
introduced transgender welfare programmes, the State of Gujarat has introduced That
the petitioner begs to state that following the judgment of the Hon’ble Supreme Court
many states of the Country have taken concrete steps for implementing the
orders/directions of the Hon’ble Court. For example the State of Kerala has formulated
the ‘State Policy for Transgender in Kerala – 2015" in tandem with the Judgment of the
Hon’ble Supreme Court and Report of the Expert Committee. For the purpose of
implementation of the policy a State Transgender Justice Board and District Transgender

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Justice Committee have been set up under the Social Justice Department of the State.
The Government of Tamil Nadu in Social Welfare and Nutritious meal programme
Department has issued an order dated 06.11.2015 concerning gender identification of
transgender as third gender, male or female. The State of Tamil Nadu has also set up
Transgender Welfare Boards. Besides the aforesaid states, the State of Maharashtra has
introduced transgender welfare programmes, Delhi has launched a Scheme for Financial
Assistance and food subsidy for the Transgender persons and facilities for HIV
counseling and testing. And recently, the State of Karnataka comes up with their own
state Transgender Policy. However, as regards the State of Assam nothing has been
done for the welfare of the transgender and protection and promotion of their rights
even after the lapse of 3 (three) years since the Judgment of the Hon’ble Supreme Court
and the Report of the Expert Committee.

13. That, the petitioner begs to state that, following the grievance for non – actions of the
state government of Assam narrated in paragraph 12 comparing to other state. The
petitioner had file an Public Interest Litigation before this Hon’ble Court bearing ( PIL
No. 15/2017). Where the Division Bench – I, was pleased to note that :

“ It appears that despite the above quoted declaration and directions, no step worth
mentioning was taken by the State Government for safeguarding the rights of
transgender. And it is only after receiving the notice from this court, the State
Government has constituted a core committee comprising of senior officers and persons
who have knowledge in the subject including the petitioner to make an in-depth study
of the problems faced by the transgender community and suggest measures that can
be taken by the State Government to ameliorate their problems.

Now, since a core committee has been constituted by the State Government, we finally
dispose of this petition with a direction that the committee shall submit its report with
the recommendations within three months from today and the recommendations be
examined by the State Government based on the legal declaration made by the Supreme
Court in National Legal Services Authority (supra) and implemented within six months
thereafter.”

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Copy of the order of PIL, passed by the Division Bench of

this Hon’ble Court; dated 22/05/2018 is enclosed and the
same is marked as ANNEXURE – 5.

14. That, the petitioner begs to state that, the Department of Health & Family welfare/
Government of Assam has previously came up with a Health Card Scheme, under the
name of our Ex-Prime Minister in his holiness “ ATAL AMRIT ABHIYAAN ’’. This
scheme provides free medical care of upto Rs 2 Lakh to the beneficiaries in Assam who
is Below Poverty Line (BPL) and Above Poverty Line (APL) and who’s yearly income is
less than Rs 5 Lakh. The Honourable Vice – President of India, Shree M. Venkaiah
Naidu launched this scheme for all the citizens of Assam.

The eligibility of the aforesaid Scheme are :-

a) Only for Citizens of Assam.
b) Members of the Below Poverty Line (BPL : annual
income less than Rs 1.2 Lakhs).
c) Members of Above poverty Line (APL : annual income
between Rs 1.2 lakh – Rs 5 lakh) can apply with
nominal premium of Rs 100 per year.
d) Everyone holding ration card issued by Government
of Assam under National Food Security Act are
eligible.
e) Government employees present and retired are not
eligible under the Scheme.
f) All those whose family income is less than Rs. 5 Lakh
yearly are eligible to apply.

Diseases/ Speciality covered under Cashless Atal Amrit Abhiyan Scheme :

a) Cancer.
b) Kidney Diseases.
c) Neurological Conditions.
d) Neo – natal diseases.
e) Burns, and
f) Cardiovascular diseases.

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But this Health Scheme doesn’t cover the other diseases apart from the narrated
aforesaid diseases.

15. That, the petitioner begs to state that, surprisingly in the aforesaid scheme narrated in
paragraph no. 14, the entire Transgender Community was left out to be benefited from
the scheme as beneficiaries. Then the petitioner approached the Principal Secretary
of the Department of Health & Family welfare/ Government of Assam . And
after that, the department was pleased to enrolled the Transgender Community under
the aforesaid Scheme. Which was covered and published in the Telegraph
Newspaper/Guwahati Edition dated; 19/08/2018.

The copy of the coverage of the Atal health cards for

Transgender in Telegraph Newspaper, dated; 19/08/2018
is enclosed and the same is marked as ANNEXURE – 6.

16. That, the petitioner begs to state that, the Assam Tribune Newspaper published an
article Vide Newspaper No : RN – 1127/57 TECH/GH -104/2015-17, Vol – 80,
No. 259, dated 24 th
September’2018 / Monday, that “ AYUSHMAN BHARAT ’’
Scheme rolled out. After that, the petitioner search the details about the Scheme on
Google, and was surprised to see that, the said scheme covers the Plastic &
Reconstructive Surgery. And the transgender community was very happy by this
appreciable step by the government.

Copy of the AYUSHMAN BHARAT Scheme rolled out

coverage on the Assam Tribune Newspaper, dated 24 th

September’2018 is enclosed and the same is marked as

ANNEXURE - 7.

17. That the petitioner begs to state that, the Scheme AYUSHMAN BHARAT or PRADHAN
MANTRI JAN AROGYA YOJANA (PMJAY) or NATIONAL HEALTH PROTECTION
SCHEME or MODICARE is a program which aims to provide a service to create a
healthy, capable and content new india. It has two goals, firstly creating a network of

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health and wellness infrastructure across the nation to deliver comprehensive primary
heathcare services, and secondly is to provide insurance cover to atleast 40 percent of
india’s population which is majorly deprived of secondary and tertiary care services. It
consist of two major elements, such as :
a) National Health Protection Scheme, and
b) Wellness Centres.

a) National Health Protection Scheme : it will provide cashless treatment to

patients.
b) Wellness Centres : it will provide primary care to the patients.

18. That the petitioner begs to state that, the head of the aforesaid scheme “AYUSHMAN
BHARAT’’ (Plastic & Reconstructive surgery) normally allows the ambit of Sex
Reassignment Surgery . The Wikipedia, narrates, Sex Reassignment Surgery as :

“ Sex Reassignment Surgery or SRS (also known as gender reassignment surgery,

gender confirmation surgery, genital reconstructive surgery, gender – affirming
surgery or Sex realignment surgery) is the surgical procedures by which a transgender
person’s physical appearance and function of their existing sexual Characteristics are
altered to resemble that socially associated with their identified gender. It is part of a
treatment for Gender Dysphoria in transgender people.’’

“ The American Society of Plastic Surgeons (ASPS) calls this procedure Gender
Confirmation Surgery or GCS. Another term for SRS includes Sex Reconstruction
Surgery, and more Clinical terms, such as feminizing Genitoplasty or penectomy,
orchiectomy, and vaginoplasty, are used medically for trans women, with
masculinizing genitoplasty, metoidioplasty or phalloplasty often similarly used
for trans men.’’

The World Professional Association for Transgender Health (WPATH), formerly known
as the (Harry Benjamin International Gender Dysphoria Association (HBIGDA) is a
501(c) (3) non profit, interdisciplinary professional and educational organization
devoted to Transgender Health and promotes the highest standards of health care for
individuals through articulation of standards of care (SOC) for the health of

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Transsexual, Transgender, and Gender Non Conforming people. The SOC by the
WPATH are based on the best available science and expert professional consensus.
Hence, WAPTH defines Gender Reconstructive Surgery as :

“ Gender Dysphoria (GD), often associated with transsexualism, is a condition

recognized in the Diagnostic and statistical Manual of Mental Disorders, (DSM – 5,
2013), published by the American Psychiatric Association.

Page No. 70 of Chapter 10, of the Expert Committee Report on Transgender,

constituted under Ministry of Social Justice & Empowerment elaborates the procedures
of Sex Reassignment Surgery, Such as :

The Procedures involve in Male to Female Surgery :

a) Proper counselling about options available in relation to gender

transition.
b) Proper post – operative follow up counselling and support.
c) Neovagina creation.
d) Penectomy.
e) Orchidectomy.
f) Clitoroplasty.
g) Breast augmentation.
h) Rhinoplasty.
i) Hair transplant.
j) Female hormone therapy.
k) Hair removal : Electrolysis and laser therapy, and
l) Voice modulation.

The procedures involve in Female to Male Surgery :

a) Proper counselling about options available in relation to gender

transition.
b) Proper post- operative follow up counselling and support.
c) Bilateral mastectomy.
d) Hysterectomy.
e) Oophorectomy.

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f) Phalloplasty.
g) Male hormone therapy, and
h) Voice modulation.

Page no. 72 of chapter 10 of The Expert Committee Report on Transgender further

recommends that : To prepare a policy statement (and/or an executive
government order) on providing essential gender transition services,
including SRS, in suitable public hospitals :

“ Ministry of Health & Family Welfare may explicitly state its intent to provide transition
services (especially SRS, to start with) in at least select public hospitals, as gender
transition services are seen as essential and medical necessary for the well being of
transgender people (Note : Not all transgender – identified people would want to
undergo surgery or would want all available types of gender transition). The Expert
Committee is of the view that the issue of defining transgender and certifying each
persons as transgender should be delinked from the issue how the SRS(surgical
procedures) should be conducted and what should be its protocol, as the latter is largely
a medical issue. As suggested by the committee of doctors of Ministry of Health and
Family Welfare, SRS, like any other surgery, may be undertaken as per extant prudent
procedures/guidelines given in the medical literature and following due medical, ethical,
and legal process details of which can be worked out in due course. This procedures
should be initiated only after ‘informed consent’ of the individual is available wherein
the individual has been explicitly explained about his/her present condition and what all
options are available to achieve the desired outcome by the individual along with
advantages/disadvantages of all the options.”

Chapter 10 of the Expert Committee recommendations

constituted under Ministry of Social Justice &
Empowerment is enclosed and the same is marked as
ANNEXURE – 8.

19. That the petitioner begs to state that, when the petitioner ask the concern authorities
about the aforesaid scheme. The authorities discloses that, the aforesaid Scheme is a
Centrally Sponsored Scheme by the Ministry of Health & Family Welfare/
Government of India, which has been implemented by the Department of Health

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& Family welfare / Government of Assam. The scheme will cover 27 lakhs families
in the State of Assam based on Socio Economic and Caste Census (SECC) 2011 data.
But surprisingly, the entire Transgender Community was again left out from its ambit.
The Scheme will cover 1350 Procedures (1394 packages), such as :

Procedures & Packages

Total 1350 Procedures (1394 packages) are covered under AB - PMJAY

General Medicine. Cardiology.

Paediatric medical management. Cardio – thoracic & Vascular Surgery.

Neo – natal. Paediatric Surgery.

Paediatric Cancer. Surgical Oncology.

Medical Oncology. Oral and Maxillofacial Surgery.

Radiation Oncology. Otorhinolaryngology.

Emergency Room packages (Care Opthalmology.

requiring less than 12 hrs stay).

Mental disorders packages. Obstetrics & Gynaecology.

General Surgery. Orthopaedics.

Plastic & reconstructive. Polytrauma.

Burns Management. Urology.

Neurosurgery. Interventional Neuroradiology, and

Unspecified Packages.

20. That, the petitioner begs to state that, the Chapter 10 of the recommendation of the
Expert Committee by the Ministry of Social Justice & Empowerment / New Delhi sets out
the present ongoing problem faced by the Transgender in terms of access to healthcare
which include General Health Services i.e., Physical or Mental and Gender Transition
Services including Sex Reassignment Surgery.

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Page no. 70 of the Chapter 10 of the Expert Committee report :

“ Lack of free sex reassignment surgery (SRS) in Public Hospitals and prohibitive cost of
SRS in Private hospitals seems to be the key reasons behind why some Hijra’s and other
Male to female Trans persons go to unqualified medical practitioners for surgery –
resulting in Post – Operative complications that could have been avoided had the surgery
been provided by qualified medical practitioners in Public Hospitals.

Unwillingness among qualified medical practitioners to prescribe Hormonal Therapy (for

feminization), and self administration of female hormonal tablets among Hijra’s and
other Male to Female Transgender people.

Lack of National Guidelines on Gender Transition Services and ambiguous legal status
of SRS mean even qualified medical practitioners are hesitant to perform SRS .’’

21. That, the petitioner begs to state that, if the aforesaid Scheme “AYUSHMAN BHARAT”
is based on the population census of 2011. Then, why the Ministry of Health & Family
welfare /Government of India, failed to include the transgender of Assam, whose
population came to be recorded about 11,374 approx., as per population census of
2011/ Government of India.

Copy of the Population Census data is enclosed and the

same is marked as ANNEXURE- 9.

22. That, the petitioner begs to state that, the transgender of Assam are going through a
very pitiable conditions, and getting hurdles to maintain their day to day livelihood. And
due lack of knowledge and education, and the heavily costs involve in the Sex Change
Surgery. Many of them goes to the normal surgeons, who perform the Castration
(removal of penis and testis) procedures. Many of the transgender feels excited and
happy once they remove their genitals through the castration process. But sometimes,
it turns into a severe infections, or transmission of HIV may arise. And such type of
surgeons perform this castration process for the sake of rupees between Rs 20,000 –
Rs 50,000/-. Therefore, the Centre & State requires to bring a proper mechanism to
stop such kind of illegal practices.

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23. That, the petitioner begs to state that, if the transgender will be brought under the ambit
of “AYUSHMAN BHARAT”. Many transgender will be benefited by this scheme to have a
proper and available medical facilities, reducing them from financial burden. And can
leads an happy life with dignity, as per Article 21 of the Constitution.

24. That under the aforesaid facts and circumstances the petitioner begs to submit that this
is a fit case wherein this Hon’ble Court may be pleased to invoke the extra-ordinary
power under Article 226 of the Constitution for issuing a direction to the Centre & the
State Government to take immediate and effective steps for implementting the
orders/directions contained in the Judgment dated 15.04.2014 in the case of national
legal Service Authority – Vs – Union of India & Others and for implementing the
recommendations of the Expert Committee on issues relating to Transgender Persons,
and for set up of Transgender Health & Grievance Cell under the Department of the
Health & Family welfare.

25. That the petitioner has sought justice from the respondents, but justice has been denied
to her.

26. That the petitioner has no efficacious alternative remedy and the remedy sought for
herein is adequate and complete.

27. That the petitioner has not preferred any other writ petition, suit or application before
this Hon’ble Court or before any other court or Tribunal in regard to the subject matter
of this petition.

28. That this petition is filed bonafide and in the interest of justice.

P R A Y E R

It is therefore, humbly prayed that this Hon’ble Court may

be graciously pleased to admit this petition and issue a
Rule on the respondents to show cause as to why a writ in
the nature of Mandamus and/or Certiorari and/or any
other appropriate writ, order or direction shall not be
issued granting the following reliefs, viz::

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1) The Ministry of Health & Family Welfare/Govt.

of India should be directed to include the transgender
community of Assam by enrolling them under the
scheme “AYUSHMAAN BHARAT”, as beneficiaries.

2) The Department of Health & Family welfare

/Government of Assam should establish a separate
Transgender health & Grievance Cell with an expert in
transgender care and Transgender representative to
address the various Health related issues of
Transgender.

-AND-

On hearing such cause or causes as may be shown by

the respondents, this Hon’ble Court may be pleased to
make the Rule absolute,

And/or may be pleased to grant such other further

reliefs as this Hon’ble Court may deem fit and proper in
the facts and circumstances of the case.

And for this act of kindness, the petitioner as in duty bound, shall ever pray.

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AFFIDAVIT

I, SWATI BIDHAN BARUAH, aged about - ..... years, daughter of Supti Ranjan Baruah,
resident of Pandu Cabin (Near Railway B.G. office), P.O. – Pandu, Guwahati – 781012, in the
district of Kamrup (Metro), Assam, do hereby solemnly affirm and declare as under :

1. That I am the petitioner in person above named.

2. That I have filed the present petition as a Public Interest Litigation.

3. That I have gone through the GAUHATI HIGH COURT (PUBLIC INTEREST LITIGATION) RULES,
2011 and do hereby affirm that the present Public Interest Litigation is in conformity
thereof.

4. That I have no personal interest in the litigation and neither myself nor anybody in
whom I am interested would in any manner benefit from the relief sought in the present
litigation save as a member of the General Public. This petition is not guided by self gain
or gain of any person, institution, body and there is no motive other than of public
interest in filing this petition.

5. That I have done whatsoever inquiry/investigation which was in my power to do, to

collect all data/materials which were available and which were relevant for this Hon’ble
Court to entertain the present petition.

6. That I further confirm that I have not concealed in the present petition any
data/material/information which may have enabled this Hon’ble Court to form an opinion
whether to entertain this petition or not and/or whether to grant any relief or not.

7. That the statements made in this affidavit and in the accompanying Public Interest
Litigation application in paragraphs ............................................. .................... are
true to my knowledge and information which I believe to be true and the rest are my
humble submissions before this Hon’ble Court.

On oath -

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“I swear that this my declaration is true, that it conceals nothing, and that no part it is
false, so Help me God.”

And I sign this affidavit on this the .... day of November, 2018 at Guwahati.

Identified by me,

DEPONENT
Advocate’s Clerk,
Guwahati.

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