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In a significant development towards strengthening transgender rights in India, on 17th October 2025, the Supreme Court-appointed committee has proposed a draft Equal Opportunity Policy mandating institutions to adopt inclusive practices and prevent discrimination against transgender persons. The proposal comes alongside a recent Supreme Court relief granted to a transwoman teacher. The judgment was delivered by a bench of Justices JB Pardiwala and R Mahadevan in a writ petition filed by Jane Kaushik, who was dismissed from teaching service solely on account of her transgender identity from Uttar Pradesh and then from Gujarat within a year.
The committee, headed by former Delhi High Court judge Asha Menon, was constituted to assess the implementation of the Transgender Persons (Protection of Rights) Act, 2019 and recommend mechanisms to enforce equal access in education and employment. According to reports, the panel has suggested a mandatory institutional framework within workplaces and academic setups to ensure non-discriminatory hiring, grievance redressal mechanisms, and sensitisation programmes.
In a related case, a transwoman school teacher approached the Supreme Court after her job was reportedly terminated on grounds of her gender identity. The apex court granted relief by directing the authorities to reinstate her with immediate effect or ensure she is not deprived of employment opportunities due to her transition. The bench observed that dignity and access to livelihood cannot be denied based on gender identity and reiterated that transgender persons are entitled to constitutional protections under Articles 14, 15, 19, and 21.
India legally recognises transgender persons following the landmark 2014 NALSA v. Union of India judgment, in which the Supreme Court affirmed the right to self-identification of gender. Subsequently, Parliament enacted the Transgender Persons (Protection of Rights) Act, 2019, which prohibits discrimination in education, healthcare, employment, property rights, and public services. The law also mandates the creation of a National Council for Transgender Persons to monitor policy implementation.
However, activists have criticised the Act for procedural hurdles such as certification requirements for gender identity and limited enforcement mechanisms against discrimination at the institutional level.
While the existing Act focuses on recognition and protection, the newly suggested Equal Opportunity Policy aims to operationalise these rights by introducing internal policy mandates for institutions. The draft policy proposes:
Dedicated Equal Opportunity Officers within organisations.
Internal grievance redressal committees specific to gender identity issues.
Sensitisation training for staff and students.
Regular audits of workplace and campus inclusivity.
Provisions for gender-neutral infrastructure and confidential support for transitioning individuals.
These measures go beyond legal recognition and focus on enforceable accountability systems, which are currently absent under the 2019 Act.
The committee’s draft will be circulated for stakeholder feedback before being finalised and placed before the Supreme Court. Legal experts believe that if implemented, this could become a model framework for proactive inclusion rather than reactive legal intervention. The Supreme Court’s interim relief to the transwoman teacher further reinforces the judiciary’s current stance on protecting transgender rights in employment.
Both developments signal a shift towards institutional responsibility and a structured framework to ensure dignity, access, and equality for transgender citizens in India. (Rh/MY/VP)
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