Supreme Court Reserves Judgment On Plea Filed By Transwoman Alleging Discrimination In Employment Due To Gender Identity

The Supreme Court today (December 10) reserved judgment on a plea filed by a transwoman teacher whose appointment was allegedly terminated in two different schools in both Gujarat and Uttar Pradesh upon the revelation of her gender identity.

A bench of Justices JB Pardiwala and R. Mahadevan was hearing the matter in which the Court had issued notice on January 2. The Court has asked the parties to file written submissions within 2 weeks. 

The bench comprising former Chief Justice of India, DY Chandrachud and Justices JB Pardiwala and Manoj Misra directed the notice to be served to the Union of India, the State Governments and the schools in order to seek their response on the matter. Subsequently, the Court expressed the discriminatory treatment meted to her because of her gender identity.

In the landmark judgment of the Supreme Court in National Legal Services Authority v. Union of India &Ors(2014), a bench of Justices KS Radhakrishnan and AK Sikri legally recognised the third gender. It observed that the non-existence of law recognizing transgender as a third gender could not be continued as a ground to discriminate against them in availing equal opportunities in education and employment. Thereafter, in 2019, Transgender Persons (Protection of Rights) Act was implemented.

Case Details: JANE KAUSHIK v UNION OF INDIA AND ORS., W.P.(C) No. 1405/2023