SC Directs Union Govt To Frame Inclusive Policy To Employ People From Trans Community

The Transgender Persons (protection of rights) Act, which was brought into effect in 2020, was a positive step toward inclusivity. However, its actuality on the ground level has been questioned by a recent petition filed by a transwoman alleging that she was denied an employment opportunity due to her orientation.

A bench heard the case of Justices DY Chandrachud and Hima Kohli, who issued an interim order and directed the Union government to make necessary and "reasonable" accommodations within three months to provide employment opportunities to people from the transgender community.

Backdrop Of The Petition

The petitioner had applied for a job at Air India after seeing an advertisement for a woman cabin crew in 2017. After this, she received the call letter and appeared for multiple tests. Despite having fared well in the tests and four attempts later, she was not short-listed as a suitable candidate for the cabin crew.

She had claimed that she had been pursuing this dream for a while and had earlier worked with Sutherland Global Services and Air India's domestic and international customer support.

On being rejected despite having scored good grades, the woman said that she was not short-listed as she identified as transgender. She attempted to approach the Prime Minister's Office and the Ministry of Civil Aviation for the grievance, but there was no redress. After which, she led on with legal action for consideration of her candidature.

Appearing for her at the apex court, Additional Solicitor General Sanjay Jain also brought to the notice that the woman had officially undergone a gender affirmation surgery in 2014, and this information was published in the state government gazette. It was only after the surgery that she applied for the post of the woman cabin crew member for the Northern Region office in Delhi.

A report by The News Minute said that the apex court issued a notice in 2017 and sought responses from Air India and the Civil Aviation Ministry after hearing the plea.

Air India, which has now become privatised, was represented by senior advocate KV Vishwanathan and advocate Fauzia Shakil, who rejected the claims and argued that she was not selected as she did not meet the qualifying marks.

However, the court observed that the petition had given rise to wider issues in regard to the application of the policies in place.

The Court Ruling

The apex court observed that the Union government is responsible for adopting measures after recommendations from the national council under section 16 of the Transgenders Act.

In accordance with this, the bench directed the govt to appropriately frame the policy and provide necessary guidance to entities, including the state governments. He said that the provisions in Transgender Act need to be implemented in "letter and spirit by formulating an appropriate policy", and establishments covered under the Act should reach the rightful people.

The issued notice directs the department of personnel and training (DOPT) and the Ministry of Social Justice and Empowerment to conduct necessary consultations, after which the matter will be heard in the next three months.

He also brought to notice sections eight and nine of the Act, under which appropriate governments have an obligation to secure full and effective participation of transgender persons and not discriminate against any transgender person in any matter related to employment and other related issues.

Also Read: Rajya Sabha Passes Controversial Transgender Persons Protection Bill 2019