LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

  • The Supreme Court has asked the centre to frame policies to accommodate transgender people in employment facilities.
  • The Transgender Persons (Protection of Rights) Act, 2019, marked the evolution of the rights of them. It was passed to ensure that its implementation marked protecting their rights, their welfare, and other connected matters.
  • In consultation with the National Council for Transgender Persons, the court passed an interim order on a plea of a transgender, who had undergone a sex change surgery in 2014, challenging then national carrier Air India's decision to deny her a job as a cabin crew member.
  • The 2019 Act is devised for framework in terms of which reasonable accommodation can be provided to transgender persons in seeking recourse to avenues of employment in all establishment mentioned in the Act.
  • It is the duty of the government to look after is implementation stated the court.
  • The Act clearly states that no transgender person should be discriminated from employment opportunities in establishments.
  • A bench of Justices DY Chandrachud and Hima Kohli were hearing a plea filed by a transgender woman named Shanavi Ponnuswamy who was refused a cabin crew position by Air India allegedly owing to her gender identity.
  • She had undergone a surgery and had become a woman in April 2014.
  • She also took prior experience in the airline sector before she responded to the advertisement in 2017 by Air India for cabin crew members.
  • She alleged that her rejection was because she was a transgender and not a woman as earmarked.
  • And moved the court for the violation of her fundamental rights guaranteed under Articles 14, 15, 16 and 21 of the Constitution of India, 1950.
  • Justice Chandrachud asked Air India if they had any policy regarding the recruitment of transgender people. Mr. Vishwanathan demanded time to find that out.
  • The court asked Air India if they were ready to accept her as afresh candidature in response to any transgender advertisement of theirs in the future. To which Air India wad affirmative.
  • Despite representations to the Prime Minister's Office and the Ministry of Civil Aviation there was no redress. 
  • Therefore, she sought the direction of the court.
"Loved reading this piece by Krisha Mehta?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"




Tags :

  Views  35  Report



Comments
img
Post a Suggestion for LCI Team
Post a Legal Query