The Indian Supreme Court issued an order Tuesday regarding a petition from a transgender woman alleging dismissal from her teaching position due to her gender identity. In the case, Jane Kaushik v Union of India, the bench, helmed by Chief Justice Chandrachud, Justice Pardiwala, and Justice Misra, notified the Central Agency Section of India, the standing counsel for Uttar Pradesh and Gujarat, JP Modi School from Gujarat and Uma Devi Children’s Academy from Uttar Pradesh. They are instructed to respond to the notice by February 2, 2024, the subsequent scheduled hearing date.
The Supreme Court agreed to hear the case under Article 32 of the Indian Constitution, considering the schools are in two different states, presenting potential difficulties for the petitioner to seek remedies individually from each of the respective state’s High Court. Article 32 grants individuals the right to approach the Supreme Court of India for the enforcement of fundamental rights.
Previous significant advancement for transgender rights in India was made with the National Legal Services Authority v. Union of India judgment, legally recognizing transgender individuals under a third gender. This ruling underlined the use of a “psychological test” instead of a “biological test” for determining gender, and declared any discrimination against transgender people a fundamental rights violation.
Despite progressive legal steps taken, social stigma surrounding transgender identity still greatly affects the community in India. However, activists’ ongoing efforts have led to positive measures such as the recent institution of a housing program by the Transgender Welfare Board.
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