In a landmark ruling, the Supreme Court of India ordered compensation for a transgender woman teacher who was unjustly dismissed by two private schools in Uttar Pradesh and Gujarat.
The judgment, delivered by a bench headed by Justice JB Pardiwala, follows a petition filed by Jen Kaushik, highlighting workplace discrimination against transgender individuals in educational institutions.
The Court emphasised that the decision is a milestone in the protection of transgender persons’ rights, ensuring that individuals outside the traditional gender binary are granted equal opportunities in employment and other spheres of life.
In its verdict, the Supreme Court underscored that gender identity cannot be a barrier to employment or professional advancement.
The bench observed that every citizen, regardless of gender identity, must enjoy the constitutional right to equality, dignity, and freedom from discrimination.
The Court stated that the treatment meted out to the petitioner and the termination of her services constituted a grave violation of her rights and warranted compensation.
Committee to Safeguard Transgender Welfare
To address broader systemic issues, the Supreme Court directed the formation of a committee headed by former Delhi High Court judge Asha Menon.
This committee will further examine matters related to employment, education, healthcare, and safety for transgender individuals.
The committee will include representatives from key ministries such as Social Justice, Women and Child Development, Health, and Education.
It will also feature transgender rights activists and domain experts, ensuring an inclusive and multidisciplinary approach.
Members include:
- Akkai Padmashali, a Karnataka-based transgender rights activist
- Grace Banu, Dalit and transgender rights advocate
- Vyjayanti Vasanta Mogli, Telangana-based transgender activist
- Gaurav Mandal, Associate Professor, Jindal Global University
- Nitya Rajshekhar, Senior Associate, Centre for Law and Policy Research, Bengaluru
- Dr Sanjay Sharma, former CEO, Association for Transgender Health in India
Court’s Observations and Impact
The bench noted that the petitioner’s unjust dismissal reflected deep-rooted social prejudice that transgender individuals continue to face.
Justice Pardiwala stated that discrimination based on gender identity strikes at the foundation of equality and violates the essence of the Constitution.
The Court ruled that the petitioner deserved compensation for the trauma and loss suffered due to her wrongful termination, calling the act ‘a violation of her fundamental right to livelihood and dignity’.
The Supreme Court’s decision sets a precedent for gender inclusivity in workplaces across India.
Moreover, it reinforces the government’s obligation to ensure fair treatment, non-discrimination, and access to equal opportunities for transgender citizens.
This landmark judgment not only delivers justice to one individual but also strengthens the broader fight for inclusivity, equality, and dignity for the transgender community across the nation.
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