Supreme Court seeks policy to open up job avenues for transpersons
Dealing with a petition filed by a transgender person who was refused appointment as a female cabin crew by Air India in 2017, the bench added, “The Union government should take the lead on this behalf for all establishments including states.”
The Supreme Court on Thursday directed the Centre to make an appropriate policy framework to provide “reasonable accommodation” to transgender people in employment in the establishments covered under the Transgender Persons (Protection of Rights) Act, 2019. The Court directed this exercise to be completed in three months and be presented by the first week of December.
“The enactment by the Parliament marks a watershed moment. But it needs to be complied with in letter and spirit,” said a bench of justices Dhananjaya Y Chandrachud and Hima Kohli.
Dealing with a petition filed by a transgender person who was refused appointment as a female cabin crew by Air India in 2017, the bench added, “The Union government should take the lead on this behalf for all establishments including states.”
It directed that the department of personnel and training (DOPT) and Ministry of Social Justice and Empowerment will consult all the stakeholders on the issue.
Realizing that the Act, that came into operation from January 10, 2020, provided for a National Council for Transgender persons, the bench directed the Centre in consultation with the National Council to involve all stakeholders to devise a policy framework “to provide reasonable accommodation” for transgender persons in matters relating to employment.
In the petition, Shanavi Ponnuswamy sought that transgender persons should be eligible under a separate category distinct from females to enable them better employment opportunities.
Senior advocate KV Vishwanathan and advocate Fauzia Shakil appearing for Air India, which has now been privatised, said the rejection of the petitioner was not due to the fact that she was a transgender but because she did not meet the criteria of qualifying marks.
Additional Solicitor General Sanjay Jain, appeared for the Centre and said he will assist the court in coming to a pragmatic solution.
