LI Network
Published on: February 3, 2024 at 11:10 IST
The Supreme Court expressed deep concern regarding the discriminatory treatment faced by a transgender teacher who was terminated from her position by two private schools in Gujarat and Uttar Pradesh.
Chief Justice DY Chandrachud, presiding over the bench hearing the teacher’s writ petition challenging her dismissal, remarked, “Something has to be done for her. The moment she secures employment, she is terminated on the grounds of being a transgender. Uttar Pradesh did it, Gujarat did it.”
The counsel representing the petitioner highlighted the social stigma the teacher faced in the women’s hostel and the hostile school environment towards her sexual identity.
Despite the management’s awareness of her identity, she faced termination once her transgender status became public. The counsel argued, “This is a learned behavior. They cannot accept the fact that she is a transwoman.”
According to the petitioner, the school cited punctuality and anger issues as reasons for her termination.
The counsel for the state of Gujarat, responding to the Court, stated that the school had offered her a job, but the petitioner did not respond to the offer. State Authorities were directed to provide a report on the matter.
The school’s counsel asserted that the offer letter was unconditional, and her transgender identity was not the reason for her non-appointment. The petitioner countered this, presenting evidence of a phone conversation transcript where she claimed she was denied entry into the school upon disclosure of her transgender identity.
The bench was informed that the petitioner had filed a similar plea before the Delhi High Court in 2022, challenging her refusal of appointment by another school. The petitioner’s counsel emphasized that the offer letter was unconditional, and she incurred expenses staying in a hotel for document verification due to discrimination.
The Court, taking note of the evidence presented, has scheduled the matter for final disposal next week.
Background:
On January 2, 2024, the Supreme Court issued a notice in a Writ Petition filed by a transgender teacher facing termination in schools in Gujarat and Uttar Pradesh due to her gender identity.
The bench directed notices to the Union of India, State Governments, and the schools, seeking their responses. The 2014 verdict in National Legal Services Authority (NALSA) v. Union of India & Ors. recognized transgender individuals as the third sex, emphasizing equal opportunities in education and employment.