'Schools Can't Accept That I Am A Transwoman', Says Terminated Teacher; Supreme Court Expresses Concerns

CJI  DY Chandrachud who was presiding over the bench hearing a writ petition filed by the teacher challenging her termination, expressed, “Something has to be done for her, the moment she gets employed, she is terminated on the grounds that she is a transgender, U.P did it, Gujarat did it ”

The counsel appearing for the petitioner addressed the issue of social stigma that the teacher had been facing in the women's hostel and how the school environment has been unwelcoming of her sexual identity.

“ Though the management was aware that she is a transwoman, she had been living with the students in the women's hostel, but the moment it is out that she is a transwoman, they terminate her. The issue is that this is a learnt behaviour. They cannot accept the fact that she is a transwoman.”

As per the petitioner, the school has now been giving excuses that she wasn't punctual and had anger issues as a ground for termination.

The Counsel appearing for the state of Gujarat, upon instructions, informed the Court that while the School did offer her a job, the petitioner never responded to the offer. A report of the same was also sought by the State Authorities.

The Private School's counsel also submitted that “ There was an offer letter that was handed over to her, pursuant to which she had to come for verification of documents, only post that her joining had to start, but then the verification took place and her identity was disclosed. Your lordships I will have to take instructions if this was the ground. I am told that simply on the grounds of her being transgender was not the reason why was not allowed to join.”

The bench was also informed that the petitioner has filed a similar plea before the Delhi High Court which has been pending since 2022. Therein she challenged her refusal of appointment by another school in Delhi.

The counsel for the petitioner countered this by submitting that the offer letter was an unconditional one, and when the petitioner was called to Jamnagar for verification of documents, she stayed in a hotel at her own expense.

“ I am made to stay in a hotel at my own expense because when they realised I am transgender they don't allow me into the School. In fact I have the transcript of the phone conversation, I have placed it on record”

Taking note of the same, the Court has now listed the matter next week for final disposal. 

Background

The Supreme Court on January 2, 2024, issued notice in a Writ Petition filed by a transgender teacher whose appointment was allegedly terminated in two different schools in both Gujarat and Uttar Pradesh upon revelation of her gender identity.

The bench comprising the Chief Justice of India, DY Chandrachud and Justices JB Pardiwala and Manoj Misra directed the notice to be served to the Union of India, the State Governments and the schools in order to seek their response on the matter.

In 2014, the Supreme Court's verdict in National Legal Services Authority (NALSA) v. Union of India &Ors. recognised the transgenders as the third sex. The Supreme Court bench comprising Justice KS Radhakrishnan and Justice AK Sikri observed that the nonexistence of law recognizing transgender as a third gender could not be continued as a ground to discriminate against them in availing equal opportunities in education and employment.

Case Details: JANE KAUSHIK vs. UNION OF INDIA W.P.(C) No. 001405 - / 2023