Apex court forms panel to recommend equal opportunity policy for transgender persons, Pg15.

Key Highlights:

• The Supreme Court formed a committee under Justice Asha Menon to recommend an equal opportunity policy for transgender persons in employment and education.
• The decision was made while hearing a plea from a trans woman teacher alleging unlawful termination due to her gender identity.
• The SC ordered Rs 50,000 compensation each from UP, Gujarat, the Centre, and a school in Gujarat to the petitioner.
• The committee will submit its draft report in six months, and the Union is to respond within three months thereafter.

Detailed Insights:

• The committee will comprise experts, activists, and government officials to address the lack of effective implementation of the Transgender Persons (Protection of Rights) Act, 2019, and the Transgender Persons (Protection of Rights) Rules, 2020.
• The Supreme Court highlighted the shortcomings and pitfalls in the 2019 Act, noting that it recognizes rights without creating mechanisms for their realization.
• The court observed that most states, except Bengal, Tamil Nadu, and Delhi, have not framed rules as per the 2020 Rules, and only Orissa and Kerala have undertaken comprehensive policy measures.
• The committee is tasked with highlighting lacunae in the existing legislation and suggesting measures to address them, aiming for substantive equality as provided in the Constitution.

Key Concepts Involved:

• Substantive Equality: Achieving equality by addressing historical and systemic disadvantages, ensuring fair outcomes.
• Omissive Discrimination: Discrimination that occurs through a failure to act or implement necessary measures.
• Transgender Persons (Protection of Rights) Act, 2019: Indian law protecting the rights and welfare of transgender individuals.