The Supreme Court has agreed to hear the case of a transgender individual who faced termination from her teaching position in two private schools in Gujarat and Uttar Pradesh due to the revelation of her sexual orientation. The bench, led by Chief Justice DY Chandrachud and justices JB Pardiwla and Manoj Misra, issued notices to the Centre as well as the governments of Gujarat and Uttar Pradesh in response to the plea filed by the transgender woman.
During the proceedings, the Chief Justice remarked, “We will see what we can do,” as the court took cognizance of the transgender teacher’s plea against the discriminatory termination of her services. The notices were also extended to the head of the school in Jamnagar, Gujarat, and the chairperson of the private school in Khiri, Uttar Pradesh.
The petitioner alleges that her employment was terminated in both schools after her gender identity became known, emphasizing the challenge of pursuing remedies in two different high courts. The Supreme Court bench acknowledged the gravity of the situation and scheduled the plea for a detailed hearing after four weeks.
The counsel representing the transgender person provided insights into the unjust dismissals. In the Uttar Pradesh school, she was initially given a letter of appointment and taught for six days before being abruptly removed. Similarly, in the Gujarat school, the petitioner received an appointment letter but was subsequently denied the opportunity to join once her sexual identity was disclosed.
The core of the petitioner’s case revolves around the enforcement of her fundamental rights, asserting that the termination of her services based on her gender identity is a violation of these rights. The Supreme Court’s decision to hear this case signals a potential landmark judgment addressing issues of discrimination against transgender individuals in educational institutions and workplaces.