. NEW DELHI: It was 11 years ago that Supreme Court recognised transgender people as the ‘third gender’ and upheld their fundamental right to equality and dignity.Observing that discrimination still continued, however, the court on Friday appointed a committee headed by a retired Delhi HC judge to frame a comprehensive equal opportunity policy for the community in the arenas of employment and education. It also directed setting up of a transgender protection cell and a dedicated nationwide toll-free helpline number.A bench of Justices J B Pardiwala and R Mahadevan expressed its anguish over the “lethargic” attitude of the Centre and states to protect the community’s rights. It said the Transgender Persons (Protection of Rights) Act, 2019 — which sought to prevent social exclusion, discrimination, unemployment and lack of educational and medical facilities faced by transgender persons — remained in law books and was never implemented in true spirit. The law was “brutishly reduced to dead letters”, SC said, for which both Centre and states were to blame. “We are pained to observe that there has either been a superficial and sporadic, or a complete lack of implementation of measures to ensure the prevention of discrimination against transgender persons in various spheres of life, both public and private… The right against discrimination of transgender and gender diverse persons has long been recognised by this court ever since the judgment in NALSA (supra) wherein it was held that the ground of ‘sex’ under Article 15 of the Constitution also includes the analogous ground of gender identity,” SC said. The court said all stakeholders concerned had not only exhibited “a serious and perennial lack of action”, but also reinforced discrimination towards the community despite the existence of a statutory framework. It said govt authorities must provide due respect and consideration to the constitutional value underlying public participation. “There is no gainsaying that the Union of India and the states need to do a lot more to create mechanisms for the transgender persons to translate their rights into reality. The lethargy exhibited on part of the govt concerned has also led the non-state establishments to put the compliance of the 2019 Act and of the Transgender Persons (Protection of Rights) Rules, 2020 in a cold freeze. This abeyance of rights is a matter of serious concern,” it said.About the AuthorAbhinav GargAs legal editor for Delhi, Abhinav Garg handles coverage of courts and connected legal challenges shaping the capital. From breaking down complex law related jargon to simplifying how a particular verdict or development in courts may impact the readers, Abhinav brings with him over two decades of experience in the field.Read MoreEnd of ArticleFollow Us On Social MediaVideosBelgian Court Clears Fugitive Jeweller Mehul Choksi’s Extradition To IndiaPortfolios Allocated To Gujarat’s New Ministers After Major Cabinet ReshufflePakistan Seeks Trump’s Intervention After Afghan-Taliban Forces Humiliate Pak Army In Border ClashDense Chhattisgarh Forests No Longer Safe For Naxals, Over 200 Maoists Lay Down ArmsChina Breaks Silence on Border Clash, Follows India To Tell Pakistan, Afghanistan to End CrisisPakistan-Afghanistan Border Tensions Explode Ahead Of Ceasefire Deadline: Blast Kills 7 Pak Soldiers‘Jungle Raj’: Amit Shah Slams RJD For Fielding Shahabuddin’s Son In Bihar ElectionsAir Power, Tech Will Define Future Wars: Defence Secretary Rajesh Singh at Tejas Mk1A Showcase EventHAL Celebrates Maiden Flight of the First Tejas Mk1A Fighter Jet Manufactured at its Nashik FacilityRahul Gandhi Meets Family of Lynched Dalit in UP, Claims Govt Threatened Them and Calls for Action123 Photostories Hindi parallel cinema gems that reshaped storytelling with power, purpose and heart7 types of rotis, their digestion time, and the right weather to eat6 essential skills you need to outsmart AI and stay ahead in the future of workMorning-after rescue: Natural remedies to recover from Diwali drinksDhanteras 2025: 5 minimal gold ring designs perfect for daily wear10 mind-blowing superpowers of chameleonsFrom Archana Puran Singh’s nostalgic Dehradun Diwali to fun housie nights with staff – Archana and Parmeet Sethi’s cherished family Diwali memories3 superfoods to control cholesterol and the right way to consume them6 ways to set healthy boundaries without pushing others awayFun facts about ‘Alpha’ star Sharvari Wagh123Hot PicksGold Silver PriceRiyadh AirBihar Election 2025Gold rate todaySilver rate todayPublic Holidays OctoberBank Holidays OctoberTop TrendingCardi BCarson WentzTrevon DiggsJustin HerbertStephen CurryJoel EmbiidLeBron JamesCarolina HurricanesLeon DraisaitlStephanie Lachances
NEW DELHI: It was 11 years ago that Supreme Court recognised transgender people as the ‘third gender’ and upheld their fundamental right to equality and dignity.Observing that discrimination still continued, however, the court on Friday appointed a committee headed by a retired Delhi HC judge to frame a comprehensive equal opportunity policy for the community in the arenas of employment and education. It also directed setting up of a transgender protection cell and a dedicated nationwide toll-free helpline number.A bench of Justices J B Pardiwala and R Mahadevan expressed its anguish over the “lethargic” attitude of the Centre and states to protect the community’s rights. It said the Transgender Persons (Protection of Rights) Act, 2019 — which sought to prevent social exclusion, discrimination, unemployment and lack of educational and medical facilities faced by transgender persons — remained in law books and was never implemented in true spirit. The law was “brutishly reduced to dead letters”, SC said, for which both Centre and states were to blame. “We are pained to observe that there has either been a superficial and sporadic, or a complete lack of implementation of measures to ensure the prevention of discrimination against transgender persons in various spheres of life, both public and private… The right against discrimination of transgender and gender diverse persons has long been recognised by this court ever since the judgment in NALSA (supra) wherein it was held that the ground of ‘sex’ under Article 15 of the Constitution also includes the analogous ground of gender identity,” SC said. The court said all stakeholders concerned had not only exhibited “a serious and perennial lack of action”, but also reinforced discrimination towards the community despite the existence of a statutory framework. It said govt authorities must provide due respect and consideration to the constitutional value underlying public participation. “There is no gainsaying that the Union of India and the states need to do a lot more to create mechanisms for the transgender persons to translate their rights into reality. The lethargy exhibited on part of the govt concerned has also led the non-state establishments to put the compliance of the 2019 Act and of the Transgender Persons (Protection of Rights) Rules, 2020 in a cold freeze. This abeyance of rights is a matter of serious concern,” it said.
