STATE OF DENIAL, Pg10.

Key Highlights:

• The Supreme Court has criticised the central and state governments for their lack of action in implementing the Transgender Persons (Protection of Rights) Act, 2019 [NALSA Judgement].
• A Supreme Court bench formed an advisory committee to evaluate the implementation of the Trans Act and propose an equal opportunity policy.
• Jane Kaushik, a transgender woman, petitioned the Court after facing discrimination and termination of employment in Uttar Pradesh and Gujarat.
• The committee will recommend an equal opportunity policy within three months of the draft’s submission, which will be enforceable by the Centre in establishments lacking their own policies.

Detailed Insights:

• The NALSA judgment and the Trans Rules mandate protection against discrimination in employment, medical care, and education for transgender persons, but implementation has been poor.
• Governments were required to construct separate washrooms and wards in hospitals, but this has not been done even after three years past the deadline.
• As of 2024, only 19 states and Union Territories had formed transgender welfare boards, with even fewer being functional.
• Transgender individuals have had to approach high courts and the Supreme Court after being denied access to medical care, employment, and essential documents.
• The court's repeated intervention highlights the executive's failure to protect the rights of a vulnerable population, necessitating state action to implement the Rules and policy recommendations.

Key Concepts Involved:

• NALSA Judgment: Recognized a "third gender" and affirmed trans persons’ fundamental rights and the right to self-determination of gender identity.
• Transgender Persons (Protection of Rights) Act, 2019: An Act to protect the rights of transgender persons and provide for their welfare.
• Transgender Welfare Boards: Governmental bodies mandated to be constituted to address the needs and rights of transgender individuals.