The Supreme Court on Thursday asked the central government in an interim order to devise an appropriate policy framework in terms of which reasonable accommodation can be provided to transgender persons in all establishments covered by the provisions of the Transgender Persons (Protection of Rights) Act, 2019, within a period of 3 months.
A bench comprising of justices DY Chandrachud and Hima Kohli also asked the Department of Personnel Training (DoPT), Government of India and Ministry of Social Justice and Empowerment to consult all stakeholders in the process of formulating the policy.
The Transgender Persons (Protection of Rights) Act, 2019 was brought into force in January of 2020 for protecting the rights of transgender persons and their welfare. Section 3(b) categorically stipulates that no person or establishment shall discriminate against a transgender person by giving unfair treatment in, or in relation to, employment or occupation or denying, or terminating them from, employment or occupation. Section 9 provides that no establishment shall discriminate against transgender persons in employment and other related issues.
The Bench was hearing a plea by a transgender woman, Shanavi Ponnuswamy, who alleged that she was refused a cabin crew position by Air India owing to her gender identity.
The airline’s legal representative argued in court that Ponnuswamy was rejected not because she is a transgender woman, but because she was unable to score the minimum qualifying marks in the Scheduled Caste category.
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