SC flags discrimination faced by transgender persons, directs Centre to form equal opportunity policy
The Bench said the Transgender Persons Act of 2019 and its corresponding rules have been ‘brutishly reduced to dead letters,’ and the Centre and the states have exhibited a ‘grossly apathetic’ attitude towards them. NEW DELHI: In a significant verdict, the Supreme Court on Friday expressed concern over the discrimination faced by transgender persons despite the enactment of a law in 2019, and directed the Centre to come out with an “equal opportunity policy” within three months of a report submitted by an advisory panel. A bench of Justices J B Pardiwala and R Mahadevan said the Transgender Persons (Protection of Rights) Act of 2019 and its corresponding rules have been “brutishly reduced to dead letters,” and the Centre and the states have exhibited a “grossly apathetic” attitude towards them. “The community continues to face discrimination and marginalisation, with a scarcity of healthcare, economic opportunities, and non-inclusive educational policies adding to their struggles,” the bench said. Expressing dismay over the discrimination, the bench said that despite more than 10 years since this court’s judgment in the NALSA case in 2014 that prompted Parliament to bring in place a statute in 2019, the transgender community has to preponderantly resort to the writ jurisdiction of High Courts and this court to redress their grievances. On discrimination in employment and professional spaces, the bench said that despite the enforcement of the 2019 Act and the 2020 rules, the transgender community faces entry barriers in employment and professional spaces. “Systemic barriers like the absence of the option of a ‘third gender’ make the entry of transgender persons in the organised workforce impossible. Even if they are hired, they are expected to keep their identity hidden, which is grossly violative of one’s right to dignity under Article 21,” the bench said. The top court delivered its verdict on a plea filed by a transgender woman who was aggrieved by the discrimination and humiliation she faced in employment, which allegedly resulted in her termination from two private schools in Uttar Pradesh and Gujarat. The court directed the Centre, Uttar Pradesh and Gujarat governments, and the school in Gujarat to pay Rs 50,000 each to the petitioner for the discrimination she faced. The bench constituted an advisory committee to address the concerns of the transgender community, headed by former Delhi High Court judge Asha Menon, saying, “The issue at hand requires a more incisive study by a dedicated committee, well-equipped to recommend a viable equal opportunity policy that ought to be introduced by the Union and state governments as well as provide insightful suggestions on other aspects affecting the lives of the transgender community.” The bench asked the panel to prepare its report and/or draft policy within six months from the date of judgment and directed the Centre to “bring forth its own equal opportunity policy in place, within three months from the date the committee submits its report and/or policy draft.” In case any establishment does not have a policy of its own, the policy that the Union would bring in place shall be enforceable at such an establishment, it said. The top court, in its 177-page verdict, made some suggestions, saying it was disheartened to note that there are several provisions in both the 2019 Act and the 2020 Rules, which remain mere aspirations on paper despite the same being couched in a mandatory language. Exercising its plenary powers under Article 142 of the Constitution, the top court directed that the appellate authority before which transgender persons may exercise their right to appeal against the decision of the district magistrate be designated as per Rule 9 of the 2020 Rules in every State and Union territory. It also said a welfare board for transgender persons, as envisaged under the 2020 Rules, be created in every state and UT for the purpose of protecting their rights and interests and also facilitating access to schemes and welfare measures. The top court directed the setting up of a Transgender Protection Cell under the charge of the district magistrate in each district and under the director general of police in each state and UT to monitor the prosecution of cases of offences against transgender persons. “The Union of India and all the states shall ensure that the aforesaid directions are strictly complied with within a period of three months from the date of the pronouncement of this judgment,” the bench said, adding that a dedicated nationwide toll-free helpline number be set up to address the contravention of any provision of the 2019 law. It made various suggestions, including asking the Centre to consider formulating and issuing specific directions to ensure that no transwoman is arrested without the presence of a female officer. The bench said that members of the transgender community face challenges within public institutions such as educational establishments, hospitals, transport hubs, and government offices due to the lack of effective measures ensuring reasonable accommodation. It suggested that all establishments, including workplaces, may endeavour towards cultivating an environment that is gender-inclusive and conducive to the free expression of identity by transgender persons, without fear or stigma. “Security check-ins at airports, Metro stations, bus stands, seaports, workplaces, shopping complexes, malls, cinema halls, and other public spaces may create special gender-diverse screening points for transgender persons along with the sensitisation of security personnel at such security checks,” it said. Courtesy : TNIE Note: This news is originally published on https:/thenewindianexpress.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights
‘Trans rights reduced to dead letters’: SC, appoints panel to frame job, education policy
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. Courtesy : TOI Note: This news is originally published on https:/timesofindia.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights
Jully demands judicial probe into Dalit student’s suspicious death
Jaipur: Leader of Opposition Tikaram Jully visited SMS Hospital Friday to meet the family of Dheeraj Kumar, a Dalit student who died under mysterious circumstances at Navodaya Vidyalaya in Neem Ka Thana on Oct 14. He demanded a judicial inquiry into the matter and the prompt arrest of those involved. Kumar’s family, which alleges foul play in his death, has been protesting outside the mortuary and refusing to conduct his last rites. They are demanding a judicial investigation into the circumstances leading to his death. Accompanied by MLAs Suresh Modi and Harimohan Sharma, Jully met the grieving family and demanded that the BJP govt in the state take crimes against Dalits seriously and take steps to restore the community’s confidence. Jully assured the family of raising the matter of Kumar’s death in the Assembly and at the administrative level. “There has been much negligence from the govt in this matter. There was no mention of suicide when the child was initially admitted to the hospital on Oct 8. If this was indeed a case of suicide, why was the family not informed of it at the outset?” Jully asked, Expressing surprise at what he termed the BJP government’s ‘anti-Dalit attitude’, Jully said the govt has utterly failed to help Kumar’s family. “On one hand, you can help some people with up to Rs 25 lakhs in compensation and pay their private hospital bills. On the other hand, because Kumar was a Dalit, you don’t have even one rupee for his family”, he alleged. Courtesy : TOI Note: This news is originally published on https:/timesofindia.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights
‘Will take my own life if they aren’t arrested’:Dalit youth in Katni allegedly urinated on by Sarpanch & son, fears stepping out of home
A Dalit youth in Katni, Madhya Pradesh, was brutally beaten, urinated on, and threatened by the village Sarpanch Ramanuj Pandey, his son Pawan Pandey, nephew Satish Pandey, and employee Ram Bihari Haldkar. He had protested against illegal mining on government land. The youth says all accused are absconding and has threatened suicide if no action is taken. Incident location and timeline The incident occurred on October 13 around 6 PM near a murram mine on Ghatiya Ramgadh hill in the Sleemanabad police station area, 40 km from Katni district headquarters. The youth spotted illegal excavation using a JCB and asked where the material was going. Ram Bihari Haldkar verbally abused him with a caste slur and threatened to kill him. Attack on youth and mother While returning home, the youth and his mother were blocked by a tractor. They were grabbed and dragged. The youth was beaten with iron rods, kicked, and Pawan Pandey urinated on his face. His mother’s braid was pulled, and she was slapped and thrown down. The accused threatened to kill the youth if he went to the police. Hospitalisation and police complaint The youth was admitted to a government hospital for three days due to serious injuries. On October 16, he approached the Katni SP office to lodge a complaint. Initially, police asked him to wander between stations, call the other party, and provide a caste certificate. Finally, a case was registered at Sleemanabad police station under the SC/ST Act, assault, and intimidation against four accused. Supporters of Sarpanch visit SP office On October 17, around 17–20 people from the village went to the SP office supporting the Sarpanch. They demanded an impartial investigation and claimed the allegations were baseless. They had travelled in a bus parked at the village entrance before leaving for Katni. Victim’s past complaints The youth had a history of activism against corruption. In 2021–22, he was a Panchayat mate, removed later, and opposed Sarpanch’s work. Since 2023, he filed complaints under RTI and the CM Helpline about Panchayat corruption, fund mismanagement, Anganwadi payments, and poor construction quality. Around 15 complaints were registered through the CM Helpline. He also petitioned the High Court for information on fund usage, and the court issued a notice to the Panchayati Rural Development Department. Despite these actions, illegal mining continued, and the youth faced attacks due to this opposition. Mother’s account The mother said she begged the accused to stop, but they did not listen. She watched helplessly as her son was beaten severely and threatened. She demanded strict action against the perpetrators. Sarpanch’s statement Sarpanch Ramanuj Pandey denied all allegations, calling them a conspiracy. He claimed the youth held a grudge since losing the 2022 Panchayat elections by three votes. He stated the murram extraction was authorised by the Tehsildar, and police were informed. Political response Azad Samaj Party (Kanshiram) national president MP Chandrashekhar Azad contacted the youth on October 17, promising justice. He warned that if the accused are not arrested within 24 hours, he would personally go to Katni and agitate. Statewide protests against the attack are also planned. Mohd Ajaz Khan, Katni Courtesy : Bhaskar English Note: This news is originally published on https:/bhaskarenglish.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights
Uttar Pradesh News: FIR Filed Against ITI Principal, Staff For Harassing Dalit Woman Employee In Ballia
Police in Ballia, UP, have filed an FIR against the Government ITI principal Amit Kumar Dwivedi and two instructors, Ravindra Singh and Dhananjay Singh, for allegedly harassing Dalit employee Arun Kumari. She was reportedly subjected to caste-based abuses, pressured to take voluntary retirement, and threatened when she complained. Ballia (UP): Police has filed an FIR against the Government Industrial Training Institute’s principal and two employees for allegedly harassing a Dalit woman employee, officials said on Friday. Kotwali SHO Kshitij Tripathi said a case was registered based on the complaint filed by the husband of a woman employee at the institute. The accused have been identified as principal Amit Kumar Dwivedi, radio instructor Ravindra Singh, and electrical instructor Dhananjay Singh. Citing the FIR, Tripathi said the complainant’s wife, Arun Kumari, was employed as a work manager at the institute. On October 14, Ravindra and Dhananjay allegedly used caste-based abuses when Kumari was at work and “pressured” her to take voluntary retirement, he said. When she complained about the incident to the principal, he, too, allegedly used caste-based slurs, according to the complaint. Kumari’s husband alleged that the principal “threatened” her with death and asked her to leave the job. (Except for the headline, this article has not been edited by FPJ’s editorial team and is auto-generated from an agency feed.) Courtesy : TFPJ Note: This news is originally published on https:/thefreepostjournal.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights
Court rejects plea for FIR against Rahul for remark on Sikhs in US
Varanasi: A Varanasi court on Friday dismissed a plea seeking an order to police to lodge an FIR against Congress leader Rahul Gandhi for his remarks on Sikh community during his visit to the USA in Sept last year. “The fight is about whether a Sikh is going to be allowed to wear his turban or a kada in India. Or he, as a Sikh, is going to be able to go to Gurdwara. That’s what the fight is about, and not just for him, but for all religions,” Rahul had said during his visit to the USA. In Nov 2024, the court of additional chief judicial magistrate (fourth and MP-MLA) Neeraj Kumar Tripathi rejected the plea filed by former village head of Tilmapur Nageshwar Mishra on Sept 26 last year. Thereafter, Mishra filed the revision petition against the order in the district court. After hearing the revision petition, the court directed the lower court to re-hear the plea. Advocate Anuj Yadav, who represented Rahul Gandhi, said, after hearing both the parties, the court of additional chief judicial magistrate (fourth and MP-MLA) Neeraj Kumar Tripathi rejected the plea. Courtesy : TOI Note: This news is originally published on https:/timesofindia.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights
RaGa’s lawyer to reply by Nov 7 to plea on facts linked to Mahatma Gandhi’s assassination
Pune: A special MP/MLA court in Pune on Friday granted time till Nov 7 to Congress leader Rahul Gandhi’s lawyer Milind Pawar to file a written submission on an application by Satyaki Savarkar, the grandnephew of Hindutva ideologue Vinayak Damodar Savarkar, regarding certain historical facts related to Mahatma Gandhi’s assassination. In a plea filed on Sept 10, Satyaki had contested claims that Nathuram Godse’s family had to face social boycott after Mahatma Gandhi’s assassination. Satyaki also referred to other related issues besides taking an exception to a pursis (information to court) filed and subsequently withdrawn by Pawar. He sought Rahul’s presence in person. The court had directed Pawar to file his response. On Friday, Pawar filed an application seeking adequate time to examine facts before they can submit a written response as sought by the court. Rahul Gandhi is facing a defamation case, filed by Satyaki, before the special court over alleged objectionable remarks made by him against the Hindutva icon Vinayak Damodar Savarkar in his March 2023 speech in London. Courtesy : TOI Note: This news is originally published on https:/timesofindia.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights
Lynching victim kin being treated like goons, claims Rahul
Lucknow: Congress leader Rahul Gandhi on Friday met the family of Hariom Valmiki, a Dalit lynched by villagers in Rae Bareli, and pledged support to victims of caste atrocities across the country. The Leader of Opposition spent about 25 minutes with the family in Fatehpur district during which he spoke with Hariom’s father Gangadeen, brother Shivam, and sister Kusum and offered condolences and support. The meeting came hours after Hariom’s brother released a video stating that the family was satisfied with the govt’s action and urged the Congress leader not to politicise the case by visiting their home in Rae Bareli. “Ministers have met us, and we received financial aid and jobs. My brother’s killers are behind bars. We request Rahul Gandhi and other party leaders not to do politics over this,” Shivam said in the video, flanked by his father and sister. Despite the appeal, the Rae Bareli MP went ahead with his visit and interacted with the family. Speaking to reporters later, Gandhi said, “This family committed no crime, yet they are being treated like criminals and kept captive in their home. Dalits are being murdered and raped across the country. I urge the chief minister to ensure justice, respect, and security for them instead of protecting criminals.” He said, “Dalit oppression is at its peak under this government.” He also cited the latest National Crime Record Bureau (NCRB) figures, which shows that Uttar Pradesh leads the country in cases of Dalit persecution. Rahul said his party would continue to stand with Dalit victims. “Wherever atrocities are committed against Dalits, Congress will reach out, help them, and fight for justice,” he said. In the hours before his visit, posters appeared in the locality near Hariom’s home, reading, “Dard ko mat bhunao, vapas jao (don’t encash our pain, go back).” Congress members were seen in videos tearing down those posters. The Congress alleged that the family’s video statement was made under govt pressure. Hariom Valmiki was lynched on October 2 in Dandepur Jamunapur village of Rae Bareli after being mistaken for a drone thief. He was allegedly dragged, stripped, and assaulted by a mob of about 100 people who accused him of theft. Courtesy : TOI Note: This news is originally published on https:/timesofindia.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights
Dalit Student Loses London Job As Pune College Refuses To Issue Reference Letter; “Disciplinary Considerations,” Says Principal
A promising young Dalit scholar from Maharashtra, Premvardhan Narottam Birhade, has reportedly lost a job offer at London’s Heathrow Airport after his former college in Pune allegedly refused to verify his academic credentials. A promising young Dalit scholar from Maharashtra, Premvardhan Narottam Birhade, has reportedly lost a job offer at London’s Heathrow Airport after his former college in Pune allegedly refused to verify his academic credentials. The denial, reportedly made by Modern College of Arts, Science and Commerce, has triggered outrage across social media and drawn allegations of caste discrimination from political leaders and activists. Meanwhile, the principal in question Dr Nivedita Gajanan Ekbote, who also serves as Maharashtra vice-president of the Bharatiya Janata Yuva Morcha, said in a statement that the decision to refuse to issue an Education Reference in this case “is purely based on institutional norms, disciplinary considerations, and professional ethics, and has no connection whatsoever with the student’s social or community background.” Prem, a native of Nandurbar district and a recent graduate of the University of Sussex, had been selected for an employment programme at Heathrow following his postgraduate studies. According to posts shared by Vanchit Bahujan Aaghadi (VBA) president Prakash Ambedkar and also the videos posted by Prem himself, the opportunity fell through after the Pune college declined to confirm his educational background despite all required documents being submitted. In his public statement, Ambedkar accused the college’s administration of caste bias, alleging that the refusal was motivated by discrimination against Scheduled Caste students. “The same college had verified his documents when he went abroad to study,” Ambedkar said, adding that the administration later questioned Birhade about his caste when he sought verification for employment. “Prem’s case symbolises the persistent shadow of caste prejudice that continues to haunt Dalit youth, even after they overcome the hardest social and economic barriers,” he remarked. Ambedkar, also the grandson of Dr BR Ambedkar, also pointed out that Modern College’s principal, Dr Nivedita Gajanan Ekbote, serves as Maharashtra vice-president of the Bharatiya Janata Yuva Morcha, suggesting that her political links might have influenced institutional behaviour. However, Dr Ekbote has firmly denied the allegations. In an official statement, she described the claims as false and defamatory, asserting that the college acted purely in accordance with institutional policy and disciplinary records. “The student completed his education prior to my tenure as principal, and I have never personally known or taught him,” she clarified. According to Ekbote, the college had already provided Birhade with three Letters of Recommendation and a Bonafide Certificate in the past, fulfilling its academic obligations. She said the refusal to issue another letter stemmed from “disciplinary considerations” related to his prior record, not his community background. Ekbote further contended that Birhade’s social media posts had unfairly maligned the college’s reputation and amounted to harassment. “The refusal to issue an Education Reference in this case is purely based on institutional norms, disciplinary considerations, and professional ethics,” her statement read. She requested the authorities legal action against what she termed “false and inflammatory content” circulating online and reaffirmed that the institution “upholds the highest standards of equality, inclusivity, and respect for all communities.” Prakash Ambedkar’s statement: “Prem Birhade, a young Dalit who recently graduated from the prestigious University of Sussex, was forced to forfeit a hard-earned employment opportunity at Heathrow Airport in London. The reason? His former college, Modern College of Arts, Science and Commerce in Pune, refused to verify his academic credentials, despite him submitting all required documentation. Why? Because Prem is a Dalit! The college’s principal, Dr. Nivedita Gajanan Ekbote, also serves as the Maharashtra Vice-President of the Bharatiya Janata Yuva Morcha, the youth wing of the BJP. Given her political and ideological alignment with the Manuwadi BJP, one can only imagine the extent to which caste prejudice must have shaped her actions against SC, ST, OBC students in her academic career. The same verification was provided when Prem had gone to London to study. When Prem requested the same verification again for his job, the college’s administration enquired of his caste! Prem’s journey from Nardubar, a poor Tribal district, to UK was not easy one. Prem’s case is a glaring example of how systemic caste discrimination continues to haunt Dalit youth, even after they break through enormous social and economic barriers. This case demands urgent attention and accountability. Prem’s story is not just his own, it is the story of countless Dalit students whose aspirations are crushed because of caste-discrimination.” Dr Nivedita Gajanan Ekbote’s statement: “Respected Sir/Madam, I, Prof. Dr. Nivedita G. Ekbote, Principal, Modern College of Arts, Science & Commerce (Autonomous), Shivajinagar, Pune – 411005, wish to bring to your kind attention a serious issue of harassment, defamation, and deliberate misuse of social media by a former student of this college, Mr. Premvardhan Narottam Birhade, who was admitted to the BBA program in June 2020 and passed in January 2024. The said individual has been continuously posting false, misleading, and defamatory statements on social media, attempting to malign the image of the college, its staff members, and the Principal. It is important to note that the student completed his education prior to my tenure as Principal, and I have never personally known or taught him. Furthermore, the student has already been issued three Letters of Recommendation (LORs) and one Bonafide Certificate by the college administration in the past, thereby fulfilling all his legitimate academic documentation requirements. Recently, he approached the college once again, demanding that an Education Reference for employment purposes be issued under my signature. Considering his unsatisfactory conduct and disciplinary record during his tenure as a student, and as per institutional policy, the college decided not to issue any further recommendation or reference letter. Following this, he began publishing false, defamatory, and inflammatory videos on various social media platforms, falsely alleging that the college, Dr. Anjali Sardesai (Vice-Principal, Academics), Prof. Lawly Das (Head, BBA Department), and the undersigned are discriminating against him on caste grounds. I wish to categorically state that no such instance
Woman held over Dalit boy’s death
The case triggered outrage across the state. Many condemned the caste-based discrimination, while some claimed the boy had a habit of stealing. The woman said she had caught him stealing from her shop, but the boy’s family denied the allegation. After her surrender plea was rejected, police arrested a woman late on Wednesday night for allegedly beating and abetting the suicide of a 12-year-old Dalit boy in Limbra village, Chirgaon. She was produced in court on Thursday and sent to three-day police custody. Rohru DSP Pranav Chauhan said a case had been registered under Sections 107 (abetment of suicide of a child), 127 (wrongful confinement), and 115 (voluntarily causing hurt) of the Bharatiya Nyaya Sanhita (BNS), 2023, along with sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He said further investigation was underway. On September 16, a Dalit boy allegedly consumed poison after being beaten and locked in a cowshed by the accused woman for touching her house. He was taken to IGMC, where he died the next day. Following his death, the boy’s parents approached the police, demanding her arrest. The woman later sought anticipatory bail, which the court rejected. The case triggered outrage across the state. Many condemned the caste-based discrimination, while some claimed the boy had a habit of stealing. The woman said she had caught him stealing from her shop, but the boy’s family denied the allegation. The Scheduled Caste Commission expressed dissatisfaction with the police probe and ordered the suspension of ASI Manjeet, the Investigating Officer in tge case. The Commission also sought an explanation from the DSP. Commission chairman Kuldeep Kumar Dhiman accused the police of not taking the case seriously. He said the FIR was filed on September 20, but the SC/ST Act sections were not added initially, which was a serious lapse on the part of the police and caused unnecessary delay in justice. He added that the victim’s family had clearly mentioned in their complaint that the accused called their child “untouchable” and demanded a goat to “purify” her house. “Despite this, a case under SC/ST Act was not registered by the police at that time and were only applied later,” Dhiman said. He further said the Commission had asked the Rohru DSP to submit a report within three days, but it was delayed and reached only on October 14. Courtesy : NAI Note: This news is originally published on https:/newsarenaindia.com/bha and is used purely for non-profit/non-commercial purposes, especially human rights