18 October 2025 Legal Updates

TRANSGENDER PERSONS ACT REDUCED TO DEAD LETTER; INACTION SEEMS INTENTIONAL: SUPREME COURT CRITICISES APATHY OF UNION & STATES

(a) Case Title:

• Jane Kaushik v. Union of India & Ors.

(b) Court:

• Supreme Court of India

(c) Date of Decision:

• October 17, 2025

(d) Bench:

• Justice J.B. Pardiwala and Justice R. Mahadevan

Facts

Jane Kaushik, a transgender woman and qualified teacher, was terminated from two private schools:

• First School (Rajasthan): Employed for 8 days in November 2022. She faced harassment, body shaming, and name-calling by colleagues and students. After complaining to the principal, she was forced to resign on grounds of revealing her transgender identity to a student. The school later cited "poor performance" but also indicated willingness to rehire her for English teaching.
• Second School (Gujarat): Offered employment in July 2023 after interviews. However, when her transgender identity was revealed during document verification, she was denied entry to the school and received no formal termination letter.

Ms. Kaushik approached various forums (NCW, NCTP, NHRC, police) but received no effective relief, as the grievance redressal mechanism mandated by the Transgender Persons (Protection of Rights) Act, 2019 was not operational.

Legal Framework

• Transgender Persons (Protection of Rights) Act, 2019 prohibits discrimination against transgender persons in employment, education, healthcare, and public spaces.
• Sections 3, 9, 10, 11 mandate non-discrimination, equal opportunities, and grievance redressal mechanisms in all establishments.
• Rule 12 & 13 of the 2020 Rules require establishments to publish Equal Opportunity Policies and designate Complaint Officers within specified timelines.
• Despite these provisions, neither the Union nor State governments implemented them effectively.

Issues Before the Court

• Whether the Union and States have a positive obligation to prevent discrimination against transgender persons?
• Whether state inaction and omissions led to discrimination against the petitioner?
• Whether the actions of the two schools constituted discrimination?
• Whether compensation can be awarded?

Key Legal Principles Established

Reasonable Accommodation as Part of Equality

Article 14 guarantees not just formal equality but substantive equality, which includes reasonable accommodation. Reasonable accommodation is a positive obligation on the State and private establishments to modify practices/infrastructure to enable full participation of marginalized groups. Drawing from disability rights jurisprudence (RPwD Act), the Court held that transgender persons also have the right to reasonable accommodation.

Court's Findings

1. Against the First School:

• While the school attempted to accommodate Ms. Kaushik (female hostel, washrooms), it failed to prevent harassment.
• The Court found no intentional discrimination but noted the lack of a Complaint Officer (violation of Section 11).
• No compensation awarded to the petitioner against the First School.

2. Against the Second School:

• The school's denial of employment immediately after discovering her transgender identity constituted direct discrimination.
• The argument that only an "offer letter" was issued (not a contract) was rejected—Section 9 prohibits discrimination even at the recruitment stage.
• Compensation of ₹50,000 awarded against the Second School.

3. Against the Union and States:

• The Union and States (Rajasthan, Gujarat, Uttar Pradesh) failed to formulate Equal Opportunity Policies, Designate Complaint Officers in establishments, Establish Transgender Protection Cells, implement awareness and sensitization programs and Notify State Rules under Section 22(1)
• This administrative lethargy and omissive discrimination violated Ms. Kaushik's constitutional rights.
• Compensation of ₹50,000 each awarded against Union of India and the two State governments.

Directions Issued

1. Immediate Compliance (within 3 months):

• Designate appellate authorities for transgender identity certificate appeals
• Establish Welfare Boards for transgender persons in all States/UTs
• Set up Transgender Protection Cells at district and state levels
• Ensure every establishment designates a Complaint Officer
• Designate State Human Rights Commissions as appellate forums for grievances
• Establish a nationwide toll-free helpline for reporting violations

2. Advisory Committee:

a. Constituted a high-level committee chaired by Justice Asha Menon (Retd.) with transgender activists, academics, and government secretaries

b. Mandate: Formulate comprehensive Equal Opportunity Policy within 6 months addressing:

• Reasonable accommodation in workplaces and public spaces
• Grievance redressal mechanisms
• Gender/name change procedures
• Inclusive medical care
• Protections for gender-diverse persons

c. Union of India to finalize its policy within 3 months of receiving the committee's report