Jane Kaushik vs Union of India & Ors 2025 INSC 1248
1. Heading of the Judgment
Jane Kaushik vs. Union of India & Ors. (2025 INSC 1248)
2. Related Laws and Sections
The judgment extensively interprets and applies the following constitutional and statutory provisions:
The Constitution of India:
Article 14: Right to Equality (including substantive equality and the doctrine of reasonable accommodation).
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth (interpreted to include "gender identity").
Article 16: Equality of opportunity in public employment.
Article 17: Abolition of Untouchability (interpreted to include social exclusion based on stigma).
Article 19: Right to freedom (including the right to choose a profession).
Article 21: Right to Life and Personal Liberty (including the right to live with dignity, privacy, and against discrimination).
Article 32: Power to issue writs for enforcement of fundamental rights.The Transgender Persons (Protection of Rights) Act, 2019:
Section 3: Prohibition against discrimination in various fields, including employment and education.
Section 9: Prohibition of discrimination in employment by establishments.
Section 10 & 11: Obligations of establishments to provide facilities and set up a grievance redressal mechanism via a Complaint Officer.
Sections 8, 13, 14, 15: Welfare measures to be undertaken by the appropriate Government in education, social security, and health.The Transgender Persons (Protection of Rights) Rules, 2020:
Rule 10: Mandates the formulation of welfare schemes and creation of infrastructure.
Rule 12: Requires establishments to publish an Equal Opportunity Policy for transgender persons.
Rule 13: Details the procedure for designating a Complaint Officer and handling complaints.
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