NEW DELHI: Observing that the Centre should take a lead to ensure “reasonable accommodation” of transgenders in private and public jobs, the Supreme Court on Thursday directed the government to frame a policy in consultation with National Council for Transgender Persons to provide employment opportuinities for them.
A bench of Justices D Y Chandrachud and Hima Kohli said that Transgender Persons (Protection of Rights) Act 2019 marks a watershed in the evolution of the rights of the transgender person and it had to implemented in letter and spirit. The court said that the Act mandates that no establishment shall discriminate against any transgender person in any matter relating to employment.
The court was hearing a plea filed by a transgender who alleged that her application for cabin crew job applied for in Air India was rejected because of her being transgender and sought court’s intervention to stop such discrimination. Her contention was opposed by senior advocate K V Viswanathan who appeared for the airlines and contended that her application was rejected as she did not fulfil the eligibility criteria and not because she was transgender. He said that his client was very sensitive towards these issues and ruled out the allegation of discrimination.
Noting the statement of Viswanathan, the bench decided to expand the ambit of the case to examine what could be done to open job avenues for transgender and asked addisional solictitor general Sanjay Jain to assist the court. The court said that the ambit of Transgender Persons (Protection of Rights) Act was much wider as it included both private and public sector.
The bench said that the Centre should make a policy to grant equal opportunities to transgenders. “We are of the view that it is necessary for the Centre to devise a policy for granting reasonable accommodation to transgenders in employment,” the bench said.
