SC sets up panel to ensure inclusive medical care for transgenders
Supreme Court of India
New Delhi: Recognising the requirement to secure the future of gender non-conforming persons, the Supreme Court of India on Friday set up a dedicated committee headed by a retired High Court judge to enable and facilitate equal opportunities at work, inclusive medical care, and protection for transgender persons.
While setting up the panel, the top court bench of Justices JB Pardiwala and KV Viswanathan observed that the judgment hopes to secure the future of the third gender.
This Supreme Court committee will be headed by retired Justice Asha Menon and it will also comprise transgender activists Grave Banu and Akai Padmashali, Gaurav Mandal, CLPR Bengaluru member, Dr. Sanjay Sharma, and the amicus will be senior advocate Jayna Kothari.
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As per the latest media report by the Bar and Bench, the Apex Court bench delivered the ruling while awarding compensation to a transwoman whose appointment as a teacher was terminated by two private schools in Uttar pradesh and Gujarat because of her gender identity.
Earlier, the petitioner had informed the Court that despite receiving a letter of appointment in Uttar Pradesh, she could only teach there for six days. In Gujarat as well, she was given the letter of appointment. However, she was not allowed to join.
While granting compensation to the petitioner, the Supreme Court bench passed the judgment for setting up the committee and observed, "The committee to look at equal opportunities, inclusive medical care, protection for gender non conforming persons. We have awarded compensation to the petitioner considering how her services were terminated. We hope the future of the third gender is secure with this. We have framed guidelines and any Institutions which does not have guidelines shall follow the same till Centre brings a policy."
Medical Dialogues had earlier reported that the Supreme Court was also considering a plea filed by two transgender persons who are seeking reservation in the NEET PG exam as per the 2014 NALSA judgment. Recently, the Supreme Court asked the States, which have yet not filed an affidavit, to file it and inform the Court when they are going to implement the horizontal reservation for transgender persons.
In the 2014 NALSA judgment, the Apex Court had directed that transgender persons should be treated as socially and educationally backward classes and extend all kinds of reservation in educational institutes.
Filing the plea before the Apex Court, the petitioners, who themselves belong to the transgender community, prayed for a direction upon the authorities to issue a fresh admission notice providing for compartmentalised horizontal reservation for transgender persons (including them) by reserving 1% seats in each vertical category.
