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SC seeks reply from Centre, Gujarat, UP on transgender teacher’s sacking

A bench of Chief Justice D Y Chandrachud and Justice J B Pardiwala and Justice Manoj Misra issued notices to the Centre, Gujarat and Uttar Pradesh governments on the plea by the transgender petitioner.

SC seeks reply from Centre, Gujarat, UP on transgender teacher’s sacking

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The Supreme Court on Tuesday sought reply from Central, Gujarat and Uttar Pradesh governments on a plea by a transgender woman whose services as teacher were terminated by two private schools of these States after her gender identity was revealed.

A bench of Chief Justice D Y Chandrachud and Justice J B Pardiwala and Justice Manoj Misra issued notices to the Centre, Gujarat and Uttar Pradesh governments on the plea by the transgender petitioner.

“The grievance of the petitioner is that her services were terminated in schools of UP and Gujarat after her gender identity was revealed. The petitioner says that she cannot pursue her remedies in two different High Courts. Issue notice to the Union and the states, returnable after four weeks,” the bench said in its order.

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The transgender woman accused two private schools in Uttar Pradesh and Gujarat of sacking her after sexual orientation became known to employers.

31-year-old Jane Kaushik, in her plea, said she was first fired by a private school in Uttar Pradesh’s Lakhimpur Kheri district in December 2022 and was told not to join by another school in Gujarat in July 2023 for being open about her gender identity.

Seeking reinstatement, the petitioner said the acts of the two schools were discriminatory – Article 15, Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and violated her fundamental right to equality – Article 14, Equality before law.

Besides seeking to be reinstated, the petitioner sought framing of guidelines by the Central government to ensure that no other transgender person faces the difficulties she has been going through.

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