In a significant development that underscores the ongoing challenges faced by transgender individuals in the workplace, the Supreme Court of India has expressed its concerns over the termination of a transwoman teacher from her position in schools located in Uttar Pradesh and Gujarat. The case, which has caught the attention of the highest judicial authority in the country, highlights the systemic discrimination against transgender persons in the educational sector.
Chief Justice of India, DY Chandrachud, who led the bench, highlighted the urgency of addressing the petitioner’s plight, stating,
“Something has to be done for her, the moment she gets employed, she is terminated on the grounds that she is a transgender, U.P did it, Gujarat did it.”
This statement came during the hearing of a writ petition filed by the teacher, challenging her wrongful termination based on her gender identity.
The counsel for the petitioner shed light on the social stigma and discrimination the teacher faced, particularly in the women’s hostel and the broader school environment, which were not accepting of her sexual identity. Despite the school management’s awareness of her being a transwoman and her cohabitation with students in the women’s hostel, her termination was seemingly inevitable once her gender identity became publicly known. The counsel lamented,
“Though the management was aware that she is a transwoman, she had been living with the students in the women’s hostel, but the moment it is out that she is a transwoman, they terminate her. The issue is that this is a learnt behaviour. They cannot accept the fact that she is a transwoman.”
Further complicating the matter, the school justified her termination by alleging issues with punctuality and anger management, a claim that appears to be a pretext for discrimination based on her transgender identity. In response to these allegations, the State of Gujarat, represented by its counsel, contended that the school had offered her a job, but the petitioner did not respond to the offer.
This claim was challenged by the petitioner’s counsel, who argued that the offer letter was unconditional and highlighted the discriminatory practices she faced during the document verification process in Jamnagar, which led to her exclusion from the school premises.
The Supreme Court’s involvement in this case follows its landmark 2014 verdict in National Legal Services Authority (NALSA) v. Union of India & Ors., where it recognized transgenders as the third gender, affirming their rights to equal opportunities in education and employment.
The bench, comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, has issued notices to the Union of India, the State Governments, and the schools involved, seeking their response on the matter.
This case, JANE KAUSHIK vs. UNION OF INDIA W.P.(C) No. 001405 – / 2023, not only reiterates the Supreme Court’s commitment to upholding the rights of transgender individuals but also serves as a critical examination of societal attitudes and institutional policies towards gender diversity. As the matter is set for final disposal next week, it represents a pivotal moment in the fight against gender-based discrimination and the advancement of transgender rights in India.
