Transgender Teacher Approaches Supreme Court Alleging Termination Of Services In Schools Due To Gender Identity

The Supreme Court on January 2, 2024, issued notice in a Writ Petition filed by a transgender teacher whose appointment was allegedly terminated in two different schools in both Gujarat and Uttar Pradesh upon revelation of her gender identity.

The bench comprising the 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.

It was submitted that the petitioner cannot pursue her remedies in two different High Courts. Taking note of the same, the CJI verbally remarked, “ We will see what we can do”.

The matter will be listed for hearing after four weeks.

In 2014, the Supreme Court's verdict in National Legal Services Authority (NALSA) v. Union of India &Ors. recognised the transgenders as the third sex. The Supreme Court bench comprising Justice KS Radhakrishnan and Justice AK Sikri observed that the nonexistence 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.

Case Details : JANE KAUSHIK vs. UNION OF INDIA W.P.(C) No. 001405 - / 2023

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