December 22, 2024
Supreme Court hears plea by Transgender Teacher Unlawfully dismissed from work in UP and Gujarat
Supreme Court

Supreme Court hears plea by Transgender Teacher Unlawfully dismissed from work in UP and Gujarat

Jan 3, 2024

Last Updated on January 3, 2024 by News Desk

Issue: Transgender Teacher Files Supreme Court Petition to Address Alleged Unlawful Dismissal in UP and Gujarat.

Facts of the Case:

In her appeal to the Supreme Court, a transgender educator claims that her gender identification led to the loss of her employment in Gujarat and Uttar Pradesh schools. As a result of prejudice, the petitioner claims she was fired from her job in both states after disclosing her gender identification. Seeking the Supreme Court’s involvement, the petitioner conveyed the challenges of seeking remedies in two different High Courts.

Arguments Presented by Parties:

Even though she had a letter of employment in Uttar Pradesh, the petitioner claimed through her attorney that she was able to work for six days before being fired. Similar to this, she was denied the opportunity to start teaching in Gujarat even though she had an appointment letter. The main point of contention is that the petitioner’s entitlement to fair treatment and employment has been impeded by claimed discrimination stemming from gender identification.

Reasoning of the Judgement:

Notifications were sent to the Central government and the states of Uttar Pradesh and Gujarat by the Supreme Court, which is chaired by Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Mishra. The petitioner’s claim was accepted by the court, which highlighted the difficulty of seeking remedies in various High Courts. The bench reaffirmed its resolve to deal with the issue and make sure justice is served. Aware of the gravity of the accusations, Chief Justice Chandrachud said, “We are going to see whatever we can do,” signalling the court’s intention to look into the matter in detail.

Judgement:

Following careful review of the petitioner’s arguments and acknowledging the constitutional consequences, the Supreme Court sent notifications to Gujarat, Uttar Pradesh, and the Central government for their replies within four weeks. The court’s intention to investigate the claims and decide whether the termination according to sex identity was lawful is indicated by the notifications that have been issued. The Supreme Court is prepared to review the information put up by both sides and provide a thorough ruling regarding the purportedly illegal severance of the transgender teacher’s employment in Gujarat and Uttar Pradesh. The matter is currently awaiting further procedures.

Written By : Nikita Shankar @nikitaashankar

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