The state government of Assam has informed the Gauhati High Court that the National Health Authority (NHA) and the Ministry of Social Justice & Empowerment, Government of India are planning to extend comprehensive healthcare benefits to transgender persons under the broad name of “AB-PMJAY-SMILE (Transgender Swasthya Suraksha)’ Scheme.
The Division Bench of Chief Justice (Acting) Lanusungkum Jamir and Justice N Unni Krishnan Nair heard a Public Interest Litigation (PIL) filed by the petitioner-in-person raising various issues concerning the transgender community.
D. P. Borah, standing counsel, Health and Family Welfare Department has produced a letter dated 25.10.2023, written by the Chief Executive Officer, Atal Amrit Abhiyan Society, containing certain instructions which are extracted herein below:
“1) Ayushman Bharat-Pradhan Mantri Jan Arogya Yojana (AB-PMJAY) is a Central Government Health Assurance Scheme which provides cashless medical benefits upto Rs. 5.0 lacs per family per year in AB-PMJAY empanelled hospitals to AADHAAR linked National Food Security Act (NFSA) beneficiaries as per defined medical and surgical packages under the Scheme.
2) Any person included under NSA and in possession of an AADHAAR card is eligible to avail the cashless medical benefits under AB-PMJAY. The eligible AADHAAR linked NFSA transgender persons are also included in the ambit of the Scheme.
3) Ayushman Bharat Pradhan Mantri Jan Arogya Yojana is a Government of India health assurance scheme. As mentioned above, Ration cards and Aadhar cards are mandatory documents to avail benefits under the scheme. Any additional beneficiary addition would require permission from Government of India as all the data under AB-PMJAY is being pulled from the NFSA database and the entire system is electronic in nature and no new beneficiary outside the list of NFSA can be added by the State.
4) As communicated by National Health Authority (NHA) vide their letter no. S12018/183/2021-NHA dated 17-02-2023, NHA and Ministry of Social Justice & Empowerment, Government of India are planning to extend comprehensive healthcare benefits to transgender persons under the broad name of “AB-PMJAY-SMILE (Transgender Swasthya Suraksha)” Scheme. This Scheme intends to provide healthcare benefits upto Rs. 5.0 lacs per beneficiary per year to all transgender persons living across the Country.
5) AB-PMJAY-SMILE covers treatment based on AB-PMJAY health benefit packages along with additional 50 specific packages related to Sex Re-assignment Surgery (SRS).
6) Ministry of Social Justice & Empowerment, Government of India has identified 149 hospitals across the Country that offers SRS treatment facility and steps are being taken to on board such hospitals for ensuring availability of SRS packages for beneficiaries of AB-PMJAY-SMILE. Gauhati Medical College & Hospital is included amongst the 149 listed hospitals.
7) The scheme is in the process of getting launched and all transgender persons holding a certificate by National Portal for Transgender Persons will be able to get benefits of the scheme once it is launched by NHA.”
R. K. Dev Choudhury, Deputy Solicitor General of India prays for some time to enable him to receive instructions as to how the Union of India is going to address the said issue. The same is granted by the High Court.
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