The Supreme Court gave the government 90 days time to take the lead and devise a policy framework to open up opportunities of employment for trans person, particularly in the civil aviation industry. The order was given in a petition filed by Shanvi Ponnusamy, a transgender person who belongs to Thoothukudi in Tamilnadu, whose dream of flying high as an airline cabin crew member never took off.
A Bench of Justices D.Y. Chandrachud and Hima Kohli 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 mandates that no person or establishment, whether government or private, should discriminate against a transgender in matters of employment, including recruitment or promotion or in any other related areas.
The Court reminded the Centre that it was obliged by the Act to “secure full and effective participation of trans person and their inclusion in society”.
The Apex 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.
