The Supreme Court of India, in a landmark order in Jane Kaushik v. Union of India & Ors., has recognised the employment rights of transgender persons and directed the constitution of a Special Committee on Transgender Rights. The Committee has been tasked with formulating an Equal Opportunity Policy for transgender and gender-diverse persons, and recommending measures to ensure non-discrimination, reasonable accommodation, and inclusion across institutions.
In a significant recognition of CLPR’s long-standing work on equality and anti-discrimination, the Court has appointed CLPR Senior Research Associate, Nithya Rajshekher, as a member of the Committee. The Committee, chaired by Justice Asha Menon (Retd.), also includes Akkai Padmashali, Karnataka-based Trans rights activist; Grace Banu, Dalit rights and Trans rights activist; Vyjayanthi Vasanta Mogli, Telangana-based Trans rights activist; Gaurav Mandal, Associate Professor at Jindal Global University; and Dr Sanjay Sharma, retired Chief Executive Officer of Association for Transgender Health in India.
Further, Jayna Kothari, Senior Advocate, has been appointed as Amicus Curiae to assist the Court on issues relating to employment rights and workplace inclusion for transgender persons. This appointment reflects the Supreme Court’s continued engagement with civil society expertise in advancing constitutional rights and equality for marginalised communities.
The judgment, delivered by Justices J.B. Pardiwala and R. Mahadevan, awarded compensation to Jane Kaushik, a trans woman and teacher who was unlawfully terminated on account of her gender identity. The Court also directed that, pending the formulation of a comprehensive national policy, all establishments must follow the Committee’s interim guidelines on equal opportunity and inclusion.
CLPR welcomes the Court’s forward-looking decision and remains committed to supporting the development of legal and institutional frameworks that advance equality, dignity, and inclusion for transgender and gender-diverse persons in India.