SC seeks response from Centre, UP and Gujarat on sacking of transwoman teacher

In her plea, Jane Kaushik contended that she was first fired by a private school in UP’s Lakhimpur Kheri in December 2022 and was told not to join by another school in Gujarat in July 2023 for being open about her gender identity.

New Delhi: The Supreme Court on Tuesday asked the Centre and the states of Uttar Pradesh and Gujarat to file a response to a petition by a transgender woman, alleging termination of her services from two private schools upon revelation of her gender identity.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra issued notice to the Centre and two States on a plea by Jane Kaushik.

The bench noted the grievance of the petitioner is that her services were terminated in schools of UP and Gujarat after her gender identity was revealed and that she cannot pursue her remedies in two different high courts.

The court sought a reply within four weeks.

In her plea, Kaushik contended that she was first fired by a private school in UP’s Lakhimpur Kheri in December 2022 and was told not to join by another school in Gujarat in July 2023 for being open about her gender identity.

Her plea filed by advocate Yashraj Singh Deora challenged the termination, while lamenting the structural discrimination and harassment she had to undergo because of her gender identity.

Terming actions taken against her as breach of her fundamental right to equality and against discrimination based on gender, the petitioner sought proper guidelines from the Union government to ensure no other transgender person faced the difficulties she has gone through.

She contended the Transgender Persons (Protection of Rights) Act, 2019 was not being implemented in letter and spirit as there was a lack of will on the part of the Centre and states to ensure that transgender persons get their due.

The petitioner also questioned the National Commission for Women's January, 2023 report which gave a clean chit to the UP school in her matter.