The Supreme Court on Tuesday issued notice in a writ petition lodged by a transgender teacher whose appointment was allegedly terminated in two schools in Gujarat and Uttar Pradesh upon revelation of her gender identity.
A bench of Chief Justice of India, DY Chandrachud and Justices JB Pardiwala and Manoj Mishra directed the notice to be served to the Union of India, the State Governments in order to seek their response on the matter. Additionally, the Supreme Court also sought responses from the head of the school in Jamnagar in Gujarat and the chairperson of another private school located at Khiri in Uttar Pradesh.
The Supreme Court bench observed that the grievance of the petitioner is that her services were terminated in schools of Uttar Pradesh and Gujarat after her gender identity was revealed. Further, it was submitted that the petitioner cannot pursue her remedies in two different courts. Taking cognizance of the same, the Chief Justice of India verbally remarked that they will see what can be done. Reportedly, the matter will be listed for hearing after four weeks.
Meanwhile, the counsel appearing for the transgender person stated that she was given a letter of appointment in an Uttar Pradesh school and also taught for six days before being removed. The counsel added that in Gujarat school, she was given the letter of appointment and was later denied the opportunity to join after her gender identity was revealed.
Notably, in 2014, the Supreme Court’s verdict in National Legal Services Authority (NALSA) v. Union of India &Ors. Recognised the transgender as the third sex. The apex court bench comprising Justice KS Radhakrishnan and Justice AK Sikri observed that the nonexistence of law in recognizing transgender as a third gender could be continued as a ground to discriminate against them in availing equal opportunities in employment and education.