In a landmark ruling on transgender rights, the Supreme Court has granted compensation to a transwoman whose employment as a teacher was terminated by two private schools—one located in Uttar Pradesh and another in Gujarat—within a year, solely due to her gender identity, reported Live Law. Alongside this, the Court has set up a committee headed by Justice Asha Menon, a retired judge of the Delhi High Court, tasked with creating an equal opportunity policy to safeguard the rights of transgender individuals and ensure non-discriminatory practices in workplaces and institutions across the country.
The verdict was delivered by a bench comprising Justices J.B. Pardiwala and R. Mahadevan in response to a petition filed by Jane Kaushik, who had been dismissed because of her transgender identity. Justice Pardiwala noted that the Court has laid down interim guidelines to be followed until the government issues an official policy, reported Live Law. He added that the bench took serious note of the manner in which the petitioner was treated and decided to award her compensation for the unjust termination and the discrimination she faced during her employment.
The newly constituted committee includes Akai Padmashali, a Karnataka-based transgender rights activist; Grace Banu, an activist for Dalit and transgender rights; Vyjayanthi Vasanta Mogli from Telangana; Gaurav Mandal, Associate Professor at Jindal Global University; Nithya Rajshekhar, Senior Associate at the Centre for Law and Policy, Bengaluru; and Dr. Sanjay Sharma, former CEO of the Association for Transgender Health in India. Additionally, ex officio members will include secretaries from the Ministries of Social Justice and Empowerment, Women and Child Development, Health and Family Welfare, and Education, reported Live Law.
The Committee has been assigned multiple responsibilities, including framing an equal opportunity policy, examining the Transgender Persons (Protection of Rights) Act, 2019, and its 2020 Rules, ensuring reasonable accommodation, and establishing grievance redressal mechanisms. It will also address matters related to gender and name changes, provide recommendations for inclusive healthcare for transgender and gender-diverse persons, and ensure protection for gender non-conforming individuals, as reported by Live Law. Justice Pardiwala expressed optimism that these guidelines would help strengthen transgender rights and promote equality across India.
The judgment marks a continuation of the Supreme Court’s progressive stance on transgender rights since the 2014 verdict in National Legal Services Authority v. Union of India & Ors., where the apex court, led by Justices K.S. Radhakrishnan and A.K. Sikri, officially recognized transgender persons as the “third gender.” That judgment established that the absence of specific legal recognition could not justify discrimination in education or employment. Following this, the Transgender Persons (Protection of Rights) Act, 2019, was enacted to provide legal safeguards and promote inclusivity for the community.