The Indian Supreme Court issued on Tuesday an order informing authorities of a petition by a transgender woman who alleged that she was dismissed from her post as a teacher because of her gender identity.
The bench, comprising Chief Justice Chandrachud, Justice Pardiwala and Justice Misra of the Supreme Court in the case of Jane Kaushik v Union of India, issued an order granting permission for service of notice to India’s Central Agency Section, which handles government litigation before the Supreme Court, as well as to the standing counsel for the states of Uttar Pradesh and Gujarat. The JP Modi School from Gujarat and Uma Devi Children’s Academy from Uttar Pradesh were also instructed to respond to the notice by February 2, 2024, which coincides with the next scheduled date of the hearing in this case.
The court accepted the petitioner’s request to hear the case under Article 32 of the Indian Constitution because the schools in question are located in two different states, and it would pose a challenge for the petitioner to seek remedies if she is required to approach each of the respective state High Courts.
Article 32 of the Indian Constitution grants individuals the right to move the Supreme Court of India for the enforcement of fundamental rights. It is a constitutional remedy for the protection of fundamental rights, and individuals can directly approach the Supreme Court if they believe their fundamental rights have been violated.
The National Legal Services Authority v. Union of India judgement acknowledged and legally recognized the rights of transgender individuals in India as third gender. In this landmark decision, the court emphasized the use of a “psychological test” rather than a “biological test” for determining gender. The Supreme Court affirmed the right of transgender individuals to self-identify and mandated that both the Indian and state governments grant legal recognition to their gender identity. The judgment also declared any form of discrimination against transgender people as a violation of their fundamental rights.
Although the Supreme Court has introduced reforms to protect the rights of transgender individuals in India, their situation continues to be grim due to persistent social stigma surrounding their identity. Despite these challenges, concerted efforts by activists have resulted in positive developments, such as the recent initiation of a housing program by the Transgender Welfare Board.
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