The Supreme Court of India has constituted a six-member committee to draft a national equal opportunity policy for transgender persons.

• The SC criticized the Centre and States for their “grossly apathetic attitude” toward implementing the Transgender Persons (Protection of Rights) Act, 2019, and ensuring inclusion of transgender persons in public life. 

Background of the Case

• The case was filed by Jane Kaushik, a transgender teacher, who alleged unlawful termination from two schools — one in Uttar Pradesh (2022) and another in Gujarat (2023) — due to her gender identity.
• The petitioner alleged harassment, body shaming, and forced resignation after her gender identity was revealed.

SC’s Key Observations

• Violation of Constitutional Principles:
  • The Court held that the right to equality (Article 14) demands reasonable accommodation and protection of marginalized groups.
  • Discrimination includes “acts of omission”—failure to implement legal safeguards amounts to injustice.
• Lack of Implementation of NALSA (2014):
  • Despite recognizing transgender persons as a “socially and educationally backward class” entitled to reservations, the government failed to operationalize protections under the 2019 Act.
• Intentional Bureaucratic Neglect:
  • The Court stated that state inaction “appears intentional,” rooted in societal stigma and bureaucratic inertia, not mere oversight.

Directions Issued by the Supreme Court

Using its powers under Article 142, the Court mandated a time-bound reform plan:

1. Institutional Mechanisms: Every State/UT must:
   • Designate an Appellate Authority for grievances against District Magistrates.
   • Establish Transgender Welfare Boards.
   • Create Transgender Protection Cells in each district (under District Magistrate and the Director General of Police DM & DGP).
     1. These cells will monitor offences against transgender persons and ensure prompt registration, investigation, and prosecution.
2. Enforcement and Grievance Redressal:
   • All establishments to appoint Complaint Officers (Sec. 11, 2019 Act).
   • State Human Rights Commissions to act as appellate bodies.
   • A nationwide toll-free helpline to report violations of transgender rights.
3. Implementation Deadline: Full compliance required within three months from the date of judgment.

Check Out UPSC CSE Books

Visit PW Store

Significance of the Judgment

• Revives NALSA (2014) spirit, ensuring that constitutional promises translate into actionable policy.
• Reinforces the concept of “reasonable accommodation” as a constitutional duty.
• Marks the first institutional mechanism for a national transgender employment and inclusion framework.
• Recognises discrimination by omission as a legal violation.

About Transgender Persons (Protection of Rights) Act, 2019

• Passed by Parliament in November 2019, came into force on 10 January 2020.
• Enacted to protect the rights of transgender persons, ensure their social inclusion, and prohibit discrimination.
• It gives legal shape to the Supreme Court’s NALSA v. Union of India (2014) judgment

Key Provisions of the Act

• Definition: 
  • The Act defines a transgender person as someone whose gender identity does not match the gender assigned at birth.
  • It includes trans-men, trans-women, genderqueer persons, and persons with intersex variations.
• Prohibition of Discrimination: No person or establishment shall discriminate against a transgender person in matters related to:
  • Education, employment, healthcare.
  • Access to public goods, facilities, housing.
  • Right to movement, political participation, or holding public office.
• Right to Recognition of Identity:
  • Every transgender person shall have the right to be recognized as such and have a certificate of identity issued by the District Magistrate (DM).
  • For change of gender to male or female, a certificate of surgery (Sex Reassignment Surgery – SRS) must be submitted to the DM.
• Welfare Measures: The government is required to take measures for inclusion and participation, such as:
  • Vocational training and self-employment.
  • Rehabilitation of victims of abuse.
  • Provision of healthcare, including sex reassignment and hormonal therapy.
  • Schemes for education, skill development, and housing.
• Institutional Mechanism: Creation of the National Council for Transgender Persons (NCTP) to advise and monitor policy implementation.

DOWNLOAD PDF