Supreme Court's Directions on Transgender Rights
The Supreme Court has taken significant steps towards ensuring the integration of transgender individuals into mainstream society. This decision arose from a case involving Jane Kaushik, a transwoman teacher who faced discrimination due to her gender identity.
Case Background
- Jane Kaushik alleged wrongful termination from a school in Uttar Pradesh and denial of employment in Gujarat due to her gender identity.
- Despite the NALSA judgment (2014) and the Transgender Persons (Protection of Rights) Act, 2019, there has been poor implementation of measures to prevent discrimination.
Supreme Court's Observations
- The court noted a "grossly apathetic attitude" by the Centre and States towards transgender individuals.
- Emphasized that non-discrimination is a constitutional right under Article 14, which mandates reasonable accommodation.
Actions Ordered by the Supreme Court
- Formation of a committee led by Justice Asha Menon to develop a national equal opportunity policy for transgender individuals.
- Compensation directed for Kaushik from the Gujarat school (₹50,000), the Union government (₹50,000), and the States of U.P. and Gujarat (₹50,000 each).
- Establishment of welfare boards and transgender protection cells in each district, mandated complaint officers, and a toll-free helpline for reporting violations of the 2019 Act.
Committee's Mandate
- Include activists and experts like Akkai Padmashali and Grace Banu to frame a model equal opportunity policy within six months.
- Identify gaps in the 2019 Act, propose corrective measures, and suggest ways to increase transgender participation in workplaces.
- Ensure inclusive healthcare and protect the rights of gender-nonconforming individuals.
Implementation and Compliance
- The Centre and all States and Union territories are directed to ensure strict compliance with the new directives within three months.
This judicial directive underscores the urgent need for systemic changes to support and protect the rights of transgender persons, reflecting the Supreme Court's proactive role in promoting social justice.
