In a groundbreaking move towards inclusivity and equal opportunities, the Kerala High Court has upheld the interim order of the Kerala Administrative Tribunal (KAT), affirming the rights of transgender individuals in employment. The KAT had directed the Kerala Public Service Commission (PSC) to accept the job application of a transwoman, Aneera Kabeer, for the position of House Keeper (Female).

Aneera Kabeer, who identifies as a woman despite being assigned male at birth, had aspired to work as a House Keeper (Female) at the department of Homeopathic Medical College. However, the official notification stated that only female candidates were eligible to apply, without explicitly mentioning transwomen.

Challenging this exclusion, Kabeer approached the Kerala Administrative Tribunal, arguing that the arbitrary denial of transwomen's right to apply for the post was unjust, illegal, and a violation of their fundamental rights. She contended that such exclusion was contrary to the Transgender Persons (Protection of Rights) Act, 2019, the Transgender Persons (Protection of Rules), 2020, as well as various landmark Supreme Court judgments, including the NALSA case and the State Policy for Transgender in Kerala, 2015.

In a significant decision earlier this year, a bench comprising Justice PV Asha and administrative member Rajesh Dewan of the tribunal allowed Kabeer to submit her job application to the Kerala Public Service Commission. The tribunal directed the Commission to process her application provisionally, subject to further orders.

Recently, a division bench of Justices Alexander Thomas and C Jayachandran of the Kerala High Court refused to interfere with the tribunal's order, stating that its purpose was to ensure that the subject matter of the case remained relevant until it was finally disposed of. The court emphasized that the interim order had been issued solely to preserve Kabeer's rights during the ongoing litigation.

This historic ruling not only upholds the rights of Aneera Kabeer but also paves the way for greater inclusivity and recognition of transgender individuals in employment opportunities. It sets a progressive precedent, emphasizing the importance of equal treatment and non-discrimination in the workplace, regardless of gender identity.

As Kerala continues to lead the way in championing transgender rights, this decision marks a significant milestone in the ongoing struggle for equality and acceptance. It reinforces the principle that every individual, irrespective of their gender identity, deserves equal access to opportunities and the right to pursue their chosen profession.

With this landmark judgment, the Kerala High Court sends a powerful message of inclusivity and affirms the commitment to upholding the fundamental rights of transgender individuals across the country.

Case Title: Kerala Public Service Commission v Aneera Kabeer