Justice Dr. DY Chandrachud and Justice Ms. Hima Kohli asked the Union Government to devise an appropriate policy framework in terms of reasonable accommodation for transgender persons seeking recourse to avenues of employment in all establishments covered by the provisions of the Transgender Persons (Protection of Rights) Act, 1029 within a period of three months.

The bench passed this order while hearing this petition filed by a transgender woman who was refused a cabin crew position by Air India allegedly owing to her gender identity.  The bench passed this order as an interim order and asked the DoPT (Department of Personnel Tranning), Ministery of Social Justice and Empowerment, Government of India to consult all stakeholders in the process of formulating the policy.

The Act came into force on 10th January, 2020 for protecting the rights of transgender persons and for their welfare. The Act clearly stipulates that no person by giving unfair treatment in, or in relation to, employment or occupation or denying or terminating them from, employment or occupation. The Act also casts an obligation on the Government to secure full and effective participation and their inclusion in society and no establishment shall discriminate against transgender persons in employment and other related issues. 

however, Senior Counsel appearing for Air India stated in the Court that the application of the petitioner was rejected because she was unable to score the minimum qualifying marks in the SC Category and not because she is a transgender.

during the course of the hearing, Justice Chandrachud mentioned that there were allegations that Air India's norm depicts that the cabin crew members are to possess blemish-free complexion and if as a transgender woman the petitioner does not meet the criteria and for the said reason her candidature is refused then it is a blatant disregard of her rights guaranteed by the Constitution. The advocate appearing for the petitioner refuted it by saying that the petitioner should have challenged the advertisement in this regard so that the benefit of a separate category would ensure to all transgender persons but she waited till her application was refused and rejected.

The case details:-

Shanavi Ponnsamy V. Ministry of CivilAviation & Anr, 

Writ Petition (C) No. 1033/2017