The Supreme Court was hearing plea by a transgender woman who was refused the post of cabin crew by Air India allegedly owing to her sexual orientation
Supreme Court of India. Representational Image. News18
New Delhi: The Supreme Court Thursday asked the Central government to devise a policy framework in terms of which reasonable accommodation can be provided to transgender people to seek employment in all establishment.
The apex court Thursday was hearing plea by a transgender woman who was refused the post of cabin crew by Air India allegedly owing to her sexual orientation.
Counsel for the petitioner told the court that a representation was made and it was said that classification for transgender does not exist as of now.
The SC bench then asked Air India as to why her appointment was cancelled. “Why has she not made it. Only because she is a transgender person?” the top court asked.
Senior Advocate KV Vishwanathan, who was appearing for Air India, said: “No. She did not fulfill the eligibility criteria.”
The Court order said, “The Transgender Persons (Protection of Rights) Act, 2019 was brought into force for protecting the rights of transgender person and their welfare. Section 3(b) stipulates that no person or establishment shall discriminate against a transgender person by giving unfair treatment… In terms of Section 8 an obligation in cast on Government to secure participation and their inclusion in society. Section 9 provides that no establishment shall discriminate in employment and other related issues.”
The court further said, “These proceedings highlight the importance of providing the benefit of provision of 2019 Act to transgender persons particularly in terms of employment in the aviation industry. She applied in response to advertisement for female cabin crew member. The issues raised in the petition transcend beyond the claims in the petition..it raises wider issues on formation of appropriate policy by the govt and by all establishments.”
“At this stage, we are of the view it would be necessary for Central government to consult with the council to devise a policy framework in terms of which reasonable accommodation can be provided to transgender persons to seek employment in all establishment. The enactment marks an watershed in the rights of transgender person..it needs to be implemented in letter and spirit by providing policy…All stakeholders to be consulted in the process,” the court said.
On 23 July, 2020, the apex court had allowed the transgender woman, who had undergone sex change in 2014, to amend her plea challenging Air India’s decision to deny her the job of a cabin crew member by assailing the grounds of conducting personality test for third gender candidates by the national carrier.
The court had in 2017 issued notice and sought responses from Air India and the Civil Aviation Ministry on the plea. They justified the decision of not selecting her saying she had failed to secure minimum marks to qualify for the personality test and group discussion and there no discrimination done against her.
The petitioner had claimed that she had worked for 13 months in Sutherland Global Services in the aviation sector and even at Air India’s customer support, both domestic and international, at Chennai. Born in Tamil Nadu in 1989, she said she graduated in engineering in 2010.
She underwent the gender surgery to turn into a woman in April 2014 and this information was published in the state government gazette.
She further said that she learnt about an advertisement on 10 July, 2017, by Air India for the post of a female cabin crew for its Northern Region office in Delhi and that she applied in the female category as she had undergone a successful sexual reassignment surgery in Bangkok.
She went on to say that she got the call letter, appeared for personality development and group discussion rounds and undertook four attempts, “but unfortunately she has not been short-listed for the post in question even though she fared well in the tests conducted”.
She alleged that she was not shortlisted for being a transgender and the vacancies in the cabin crew were earmarked only for women.
With inputs from agencies
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