India SC to look into plea of teacher fired by two private schools for being transgender

A transgender teacher was fired from two private schools in India after school authorities came to know about her sexual orientation. The teacher took the matter to the apex court and the Supreme Court of India has agreed to look into the matter. 

The incident came to light on Tuesday and the matter will be listed for hearing after four weeks. 

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The three-judge bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwla and Manoj Mishra said on Tuesday that they “will see what they can do”. The three-judge bench has also issued notices to the Centre, Gujarat and Uttar Pradesh governments on the pleas of the transgender woman. 

Teacher fired over her sexual orientation

The two incidents took place at private schools in Jamnagar Gujarat and Kheri in Uttar Pradesh, where the services of a transgender teacher were immediately ended when they came to know about her sexuality. The top court also sought responses from the heads of both schools.

"The grievance of the petitioner is that her services were terminated in schools of Uttar Pradesh and Gujarat after her gender identity was revealed. The petitioner says that she cannot pursue her remedies in two different high courts," the bench said.

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The transgender teacher was given a letter of appointment in a Uttar Pradesh school and also taught there for six days before being removed, as per the counsel of the teacher. 

In another school in Gujarat, she was given the letter of appointment and later denied the opportunity to join after her sexual identity was known, the lawyer said. 

The petitioner is now seeking enforcement of her fundamental rights. 

What does the law say?

In 2014, the Supreme Court's verdict in National Legal Services Authority (NALSA) v. Union of India & Ors. recognised the transgender as the third sex.

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The Supreme Court bench comprising Justice KS Radhakrishnan and Justice AK Sikri observed that the nonexistence of law recognising transgender as a third gender could not be identified as a ground to discriminate against them in availing equal opportunities in education and employment.

(With inputs from agencies)