Facts:
The Petitioner sought employment as a member of the cabin crew in Air India based
on an advertisement for recruitment in the ‘female category’. She passed the
Preliminary Medical Examination and participated in the Group Dynamics (GD) and
Personality Assessment Test (PAT) but was not selected as she did not get the
minimum qualifying marks for the SC category. The Petitioner challenged this under
Article 32 of the Constitution.
Court Decision and Reasoning:
The Supreme Court recognized that the petition raised broader issues beyond the
immediate claim for employment by the petitioner. The court emphasized that the
Transgender Persons Act, 2019 under Section 9, prohibits discrimination against
transgender persons in matters of employment, by both public and private
establishments. The law also mandates the State to introduce measures for
reasonable accommodation and inclusive policies in matters of employment. It
referred to the decision in NALSA and the provisions under Section 16 and 17 of the
Transgender Persons Act, 2019 and directed the Central Government to collaborate
with the National Council for Transgender Persons to devise a policy framework to
provide reasonable accommodation for transgender persons in employment. The
Court noted that the policy should cover all establishments under the 2019 Act and
ensure non-discrimination in recruitment, promotion, and other employment-related
issues. The Union Government was instructed to frame a policy and to consult with
stakeholders in doing so.
Significance:
The decision in Shanavi’s case is significant as it led to the Court addressing the issue
of employment opportunities for transgender persons and equality of opportunity
beyond just the individual case of the petitioner and the Court directed the Government
to take the necessary steps to devise a framework for providing employment.