The Centre has notified a high-level advisory committee to examine discrimination faced by transgender persons and recommend an equal opportunity policy. The move follows Supreme Court directions highlighting systemic exclusion despite statutory protections.
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NEW DELHI: In compliance with directions issued by the Supreme Court on October 17, the Union government has formally constituted a high-level Advisory Committee to study discrimination faced by transgender persons and recommend a comprehensive equal opportunity policy.
The notification was issued by the Department of Legal Affairs, Ministry of Law and Justice, marking a significant step toward addressing systemic exclusion of transgender persons from employment, education, and access to public services.
The advisory committee will be chaired by Justice (Retd.) Asha Menon, former judge of the Delhi High Court. The panel brings together a diverse group of transgender rights activists, legal scholars, public health experts, policy researchers, and senior government officials.
According to the government order, the committee’s mandate is to conduct an incisive study of discrimination against transgender persons and recommend institutional safeguards and an enforceable equal opportunity framework, in line with constitutional guarantees.
Members of the Advisory Committee
The members named in the notification include:
- Akkai Padmashali, transgender rights activist
- Grace Banu, Dalit-trans activist and entrepreneur
- Vyjayanti Vasanta Mogli, founder of Vyjayanti Vasanta Foundation
- Sourav Mandal, Jindal Global Law School
- Nithya Rajshekhar, Centre for Law and Policy Research
- Air Cmde (Retd.) Sanjay Sharma, CEO, Association for Transgender Health in India
Senior advocate Jayna Kothari has been appointed as amicus curiae to assist the committee. The Joint Secretary, Department of Social Justice and Empowerment, will act as the convener.
Additionally, Secretaries from key ministries, including Social Justice and Empowerment, Women and Child Development, Health and Family Welfare, and Education, will serve as ex officio members with advisory jurisdiction.
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The advisory committee has been tasked with:
- Studying social, economic, and institutional discrimination faced by transgender persons
- Recommending a model equal opportunity policy applicable to both public and private establishments
- Suggesting measures to prevent discrimination in employment, education, healthcare, and public services
- Proposing enforcement mechanisms and grievance redressal frameworks
The recommendations are expected to form the basis of a national equal opportunity framework for transgender persons.
Supreme Court October 17 Order
In its October 17, 2025, order, the Supreme Court highlighted the continuing marginalisation of transgender persons despite statutory protections under the Transgender Persons (Protection of Rights) Act, 2019.
The court observed that the absence of enforceable equal opportunity norms, particularly in the private sector, had resulted in systemic discrimination.
The bench directed the Centre to:
- Constitute an expert advisory committee
- Frame a model equal opportunity policy for public and private establishments
- Ensure time-bound implementation of the recommendations
The court emphasised that dignity, equality, and the right to livelihood for transgender persons flow directly from Articles 14 and 21 of the Constitution, warning that policy inaction could not dilute these fundamental rights.
Background
The landmark ruling arose from a writ petition filed by Jane Kaushik, a transgender woman and teacher, appointed at private schools in Uttar Pradesh and Gujarat, who alleged termination and exclusion from employment by private educational institutions on the grounds of gender identity.
Although she had been issued letters of appointment, she was allowed to teach for only six days in Uttar Pradesh and was not allowed to join in Gujarat. Recognizing this injustice, the Court awarded her compensation, signaling zero tolerance for discrimination.
Kaushik argued that while the 2019 Act exists on paper, transgender persons continue to face informal discrimination, lack of workplace safeguards, and absence of effective grievance redressal mechanisms.
Agreeing with these concerns, the Supreme Court held that statutory protection without enforcement was insufficient to secure equality.
As per the Supreme Court’s order, the Centre is required to notify an equal opportunity policy within three months of receiving the advisory committee’s recommendations. The timeline highlights the court’s insistence on urgent and meaningful reform.
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