Frame policy for employment of transgender persons, SC tells Union govt

12 Sep,22 1:15 pm
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Job Policy for Transgenders: The Supreme Court of India recently gave the government three months to take the lead and devise a policy framework so that reasonable accommodation can be provided to transgender persons in all establishments covered by the provisions of the Transgender Persons (Protection of Rights) Act, 2019, particularly in the civil aviation industry.

Key Points:

  • The order of the apex court came on a plea filed by a transgender woman, Shanavi Ponnuswamy from Thoothukudi in Tamil Nadu, who alleged that she was refused a cabin crew position owing to her gender identity.
  • She alleged that the carrier did not have the option for the third sex, so she applied as a female.
  • However, the counsel appearing of the airline contended that Ponnuswamy was rejected not because she is a transgender woman, but because she was unable to score the minimum qualifying marks in the Scheduled Caste category.

What is the Supreme Court order on the petition?

  • The Supreme Court said the petitioner’s case raised wider issues about the formulation of government policy to ensure the guarantee of non-discrimination against transgender people.
  • The apex Court observed that the government has to comply with the enabling provisions of the Transgender Persons (Protection of Rights) Act of 2019 in “letter and spirit”.
  • The court detailed specific provisions of the Act which mandated that no person or establishment, whether government or private, should discriminate against a transgender person in matters of employment, including recruitment or promotion or in any other related areas.
  • The court ordered the Department of Personnel and Training and the Social Justice Ministry to collaborate with the National Council for Transgender Persons, a body constituted under the Act, to consult stakeholders and prepare a “considered” policy for the community’s welfare and rights in the next three months.

Who is a transgender?

  • Transgender Persons Act 2019 defines transgender as a person whose gender does not match with the gender assigned to that person at birth.
  • Transgenders includes trans-person with intersex variations, gender-queer and person having such socio-cultural identities as hijra, kinnar, aaravani and jogta.

Present status of employment for Transgender persons:

  • Currently, there is no constitutional provision for the transgender to have reservation in the public employment.
  • The transgender community has had relatively few work opportunities available
  • The Union government, under the OBC category for the employment, is planning to extend the reservations for the transgender community.
  • Earlier in 2014, the Supreme Court directed the Central government to treat transgender people as members of the socially and educationally backward classes (OBC) and to extend all benefits of reservation in government jobs in the landmark judgement of National Legal Services Authority v. Union of India 2014.
  • In 2019, Union Government passed the law the transgender persons (protection of rights) act 2019.
  • But law is silent on the extension of OBC status as well as on providing employment to transgender.

Various initiatives for transgender people:

Transgender Persons (Protection of Rights) Act, 2019:

  • The bill approved by Parliament aims to eliminate discrimination against transgender persons in the areas of access to healthcare, employment, and education in addition to recognising the right to one's own self-perceived gender identity.

Transgender Persons (Protection of Rights) Rules, 2020:

  • The government drafted the Transgender Persons (Protection of Rights) Rules, 2020 to give effect to the 2019 Transgender Persons (Protection of Rights) Act's provisions.

The National Council for Transgender Persons:

  • The National Council for Transgender Persons has been established in accordance with the Transgender Persons (Protection of Rights) Act of 2019.
  • It has been established to provide advice to the Central Government on the formulation and assessment of policies, programmes, laws, and projects for the welfare of the transgender community.

National Portal for Transgender Persons:

  • A webpage has been created by the Ministry of Social Justice and Empowerment to help members of the transgender community apply for a certificate and identity card electronically from any location in the nation.
  • By using the Portal, they may monitor the status of their application and ensure transparency in the application process.

Garima Greh:

  • The main objective of Garima Greh initiative is to give transgender people a place to live with basic necessities like food, shelter, medical care, and recreational activities.
  • In addition, it will help people in the community enhance their skills and capacities, enabling them to live lives of respect and dignity.

Challenges faced by transgender:

  • Ostracism and Discrimination
  • Identity crisis
  • Lack of legal protection
  • Poverty
  • Unemployment
  • Denial of Basic Civil Rights
  • Denial of access to Healthcare facility
  • Lack of public amenities
  • Social Stigma

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