SC: Trans persons’ right to work strengthened—reasonable accommodation made enforceable under 2019 Act

Case Name: Jane Kaushik v. Union of India & Ors.

Citation: Writ Petition (Civil) No. 1405 of 2023

Date of Judgment: 17 October 2025

Bench: Justice J.B. Pardiwala and Justice R. Mahadevan

Held: The Supreme Court held that the Transgender Persons (Protection of Rights) Act, 2019, and its 2020 Rules impose affirmative duties on governments and establishments to ensure substantive equality through “reasonable accommodation.” It condemned official inaction since NALSA v. Union of India (2014) and issued a continuing mandamus to secure compliance nationwide. The Court also recognized that compensation for violation of constitutional rights can be granted even against private entities in appropriate Article 32 petitions.

Summary: The petitioner, a transgender woman, challenged her dismissal by two private schools and highlighted systemic non-implementation of the 2019 Act. The Court held that the Act creates binding obligations to eliminate discrimination and provide equitable workplace adjustments. It found widespread administrative apathy, absence of state-level mechanisms, and failure to appoint complaint officers or adopt equal-opportunity policies. The Court reaffirmed that equality under Article 14 demands positive measures, not mere formal non-discrimination, and directed concrete remedial and policy steps to operationalize the statutory framework.

Decision: The Union and two State Governments were directed to pay ₹50,000 each to the petitioner, and one school was ordered to pay an equal amount. The Union must deposit ₹10 lakh with the Registry to fund a Committee that will draft a model Equal Opportunity Policy within six months. The Union shall thereafter notify its own policy within three months, enforceable across establishments lacking one. The matter will be monitored under a continuing mandamus to ensure nationwide compliance.