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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.
