Lagatar24 Desk
New Delhi: In a landmark ruling, the Supreme Court has awarded compensation to a transwoman teacher who was dismissed by two private schools in Uttar Pradesh and Gujarat within a year due to her gender identity. The court also set up a high-powered committee to draft an equal opportunity policy to safeguard the rights of transgender individuals in educational and employment spaces.
Court Recognises Unlawful Termination
The judgment was delivered by a bench of Justices JB Pardiwala and R Mahadevan in response to a writ petition filed by Jane Kaushik. The bench observed that her termination constituted discrimination based solely on gender identity. “We have formulated guidelines till the Government comes out with a policy document. If any establishment does not have guidelines, you will follow these till the Union comes out with a policy,” Justice Pardiwala stated, adding that the court has “taken serious cognisance” of the manner in which she was treated.
Committee To Draft Equal Opportunity Policy
The Supreme Court constituted a committee led by Justice Asha Menon (retired Delhi High Court judge) to create a comprehensive policy. Members include prominent trans rights activists Akai Padmashali, Grace Banu, and Vyjayanthi Vasanta Mogli; academic Gaurav Mandal; legal expert Nithya Rajshekhar; and Dr. Sanjay Sharma, former CEO of the Association for Transgender Health in India. Ex officio members will include secretaries from key central ministries.
The committee will address policy gaps under the Transgender Persons (Protection of Rights) Act, 2019 and 2020 Rules, covering areas like reasonable accommodation, grievance mechanisms, gender and name change processes, and inclusive healthcare.
Building On Landmark Legal Precedents
This ruling reinforces the principles established in the 2014 National Legal Services Authority v. Union of India judgment, which legally recognised the third gender. The court reiterated that lack of specific legislation cannot justify discrimination in education and employment. Justice Pardiwala expressed hope that the new guidelines would advance the protection of transgender rights nationwide.
