In a landmark decision, the Supreme Court of India has formed a committee to safeguard and promote the rights of transgender individuals, focusing on equal job opportunities and access to inclusive medical care. This move underscores the judiciary's commitment to ensuring the future of the third gender is secure and equitable.
The committee will be headed by retired Delhi High Court judge Justice Asha Menon. It includes prominent transgender activists Akai Padmashali and Grace Banu, Gaurav Mandal from CLPR Bengaluru, and Dr. Sanjay Sharma from the Association for Transgender Health in India. Senior Advocate Jayna Kothari has been appointed as amicus curiae to assist the court. This diverse composition aims to bring a wide range of perspectives and expertise to the table.
The committee's primary responsibilities include formulating an equal opportunity policy for transgender individuals and proposing measures for inclusive healthcare and protection for gender non-conforming and gender-diverse persons. It will also study the Transgender Persons (Protection of Rights) Act, 2019, and the 2020 Rules. Furthermore, the committee will address grievance redressal mechanisms, gender and name change processes, and reasonable accommodations.
The Supreme Court's directive applies to establishments that do not have their own guidelines, and these will remain in effect until the government implements its own comprehensive national policy. This ensures immediate protection and guidance for transgender individuals in various institutions.
The ruling came in response to a petition filed by Jane Kaushik, a trans woman teacher who was terminated from her position at private schools in Uttar Pradesh and Gujarat due to her gender identity. The court awarded compensation to Kaushik, taking serious note of the discrimination she faced. This decision highlights the real-life challenges transgender individuals encounter and the urgent need for protective measures.
This decision builds upon the Supreme Court's 2014 National Legal Services Authority (NALSA) judgment, which first recognized transgender persons as a third gender. The NALSA ruling affirmed that transgender individuals are entitled to fundamental rights under Articles 14, 15, 16, 19(1)(a), and 21 of the Indian Constitution, which pertain to equality, non-discrimination, equal opportunity in public employment, freedom of speech, and the right to life.
The Transgender Persons (Protection of Rights) Act, 2019, further prohibits discrimination against transgender people in education, employment, healthcare, and access to public services and benefits. It recognizes the right to self-perceived gender identity and allows transgender citizens to register under a third gender.
These legal advancements reflect a growing acceptance and tolerance of LGBTQ+ people in India. A 2023 poll indicated that 53% of Indians support the legalization of same-sex marriage. The Supreme Court's recent decision is a significant stride towards translating legal rights into tangible improvements in the lives of transgender individuals, ensuring they have equal opportunities and access to essential services.
