Supreme Court forms committee led by Justice Asha Menon to promote transgender rights, equal employment, and inclusive healthcare across India ensuring protection for the third gender.

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Case Overview

Case Name: Unnamed Transwoman vs. Two Private Schools & Ors., 2025

In a landmark move advancing Transgender rights and LGBTQIA+ rights, the Supreme Court of India constituted a committee headed by retired Justice Asha Menon to promote inclusivity in employment and healthcare sectors . The Bench comprising Justices JB Pardiwala and KV Viswanathan delivered the judgment while hearing the plea of a transwoman whose services were terminated by private schools in Uttar Pradesh and Gujarat solely on the basis of her gender identity . The Court recognized the urgent need for systemic reforms to safeguard the rights and dignity of gender non-conforming persons .

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Key Aspects

The Court addressed the underlying issues of workplace discrimination, lack of institutional sensitivity and absence of inclusive policies for transgender persons .

• The petitioner, a qualified teacher was dismissed from positions in two private schools due to her gender identity .
• Despite receiving appointment letters, she was either terminated shortly after joining or denied the opportunity to start .
• The case exposed the gaps in enforcement of anti-discrimination norms for Transgender rights at private educational institutions .
• It emphasized the need for uniform national guidelines ensuring inclusivity and equal opportunity in workplaces and medical institutions .

Legal Insights

The judgment reinforced the constitutional and statutory framework protecting the dignity and equality of transgender persons .

• Article 14 of the Constitution guarantees equality before law to all persons, irrespective of gender .
• Article 15(1) prohibits discrimination on the grounds of sex which includes gender identity .
• Article 21 ensures the right to life and personal liberty encompassing the right to live with dignity for transgender individuals .
• Section 3 and Section 9 of the Transgender Persons (Protection of Rights) Act, 2019 prohibit discrimination in employment and mandate the government to formulate welfare schemes ensuring inclusion .
• The Court reaffirmed the principles laid down in NALSA v. Union of India (2014), recognizing transgender persons as the “third gender” entitled to full constitutional protection .

Court’s Verdict

The Supreme Court of India awarded compensation to the petitioner for unlawful termination and directed the formation of a high-level committee chaired by retired Justice Asha Menon . The committee including transgender activists Grace Banu and Akai Padmashali and Senior Advocate Jayna Kothari, will oversee implementation of measures ensuring equal job opportunities, inclusive medical care and protection for gender non-conforming persons . The Court also directed that any institution lacking internal guidelines must follow the Court’s framework until the Central Government formulates a comprehensive national policy safeguarding the future of the third gender .

Source – High Court of Delhi

Read also – Constitution of India

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