A transgender person has moved the Supreme Court against Air India after being denied a job in the cabin crew..The petition filed by one Shanavi Ponnusamy was heard by a Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, which proceeded to issue notice to Air India and the Ministry of Civil Aviation today..Ponnusamy, who is an Engineering graduate, had worked with Sutherland and Air India Customer Support before she underwent a sex change operation to become a female..She had applied for the post of cabin crew member at Air India and despite doing well in the tests, she was not shortlisted. The petition states,.“The petitioner pursuant thereto, applied for the said post, as she fulfilled the eligibility criteria. She applied in the female category. The petitioner received the call letter for the GD and PAT and also appeared for the said tests. The petitioner has taken four attempts so far but unfortunately she has not been shortlisted for the post in question even though fared well in the tests conducted.”.She then came to know that she was not recruited on account of being a transgender, since vacancies in the cabin crew are earmarked only for women..“That the petitioner has learnt that she has not been able to make the cut on account of the fact that she is a transgender and the vacancies in the cabin crew are earmarked only for women.”.Ponnusamy has also contended that she went to the Office of the Ministry of Civil Aviation to discuss the issue of her selection in Air India, but was not able to meet the Air India CMD..It is the petitioner’s case that the State,.“cannot discriminate on the ground of gender, violating Articles 14 to 16 and 21 of the Constitution of India as the Constitution guarantees enjoyment of life by all citizens of this country with dignity, viewing this human rights in terms of human development.”.The petition goes on to state,.“Transgender people are individuals of any age or sex whose appearance, personal characteristics, or behaviors differ from stereotypes about how men and women are ‘supposed’ to be. Transgender people have existed in every culture, race, and class since the story of human life has been recorded….…In its broadest sense, transgender encompasses anyone whose identity or behavior falls outside of stereotypical gender norms. That includes people who do not self-identify as transgender, but who are perceived as such by others and thus are subject to the same social oppressions and physical violence as those who actually identify with any of these categories.”.The petition speaks at length on the rights of transgenders under the Constitution and also refers to the landmark Supreme Court judgment in NALSA v. Union of India, in which the Supreme Court had recognised transgender as the third gender..Besides, Ponnusamy has also relied on various state actions pursuant to the Supreme Court judgment to buttress her case..There have been other recent attempts to ensure that the NALSA judgment is implemented on the ground. Last week, a transgender sailor had approached the Delhi High Court after being dismissed from service by the Indian Navy..Read the petition:
A transgender person has moved the Supreme Court against Air India after being denied a job in the cabin crew..The petition filed by one Shanavi Ponnusamy was heard by a Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, which proceeded to issue notice to Air India and the Ministry of Civil Aviation today..Ponnusamy, who is an Engineering graduate, had worked with Sutherland and Air India Customer Support before she underwent a sex change operation to become a female..She had applied for the post of cabin crew member at Air India and despite doing well in the tests, she was not shortlisted. The petition states,.“The petitioner pursuant thereto, applied for the said post, as she fulfilled the eligibility criteria. She applied in the female category. The petitioner received the call letter for the GD and PAT and also appeared for the said tests. The petitioner has taken four attempts so far but unfortunately she has not been shortlisted for the post in question even though fared well in the tests conducted.”.She then came to know that she was not recruited on account of being a transgender, since vacancies in the cabin crew are earmarked only for women..“That the petitioner has learnt that she has not been able to make the cut on account of the fact that she is a transgender and the vacancies in the cabin crew are earmarked only for women.”.Ponnusamy has also contended that she went to the Office of the Ministry of Civil Aviation to discuss the issue of her selection in Air India, but was not able to meet the Air India CMD..It is the petitioner’s case that the State,.“cannot discriminate on the ground of gender, violating Articles 14 to 16 and 21 of the Constitution of India as the Constitution guarantees enjoyment of life by all citizens of this country with dignity, viewing this human rights in terms of human development.”.The petition goes on to state,.“Transgender people are individuals of any age or sex whose appearance, personal characteristics, or behaviors differ from stereotypes about how men and women are ‘supposed’ to be. Transgender people have existed in every culture, race, and class since the story of human life has been recorded….…In its broadest sense, transgender encompasses anyone whose identity or behavior falls outside of stereotypical gender norms. That includes people who do not self-identify as transgender, but who are perceived as such by others and thus are subject to the same social oppressions and physical violence as those who actually identify with any of these categories.”.The petition speaks at length on the rights of transgenders under the Constitution and also refers to the landmark Supreme Court judgment in NALSA v. Union of India, in which the Supreme Court had recognised transgender as the third gender..Besides, Ponnusamy has also relied on various state actions pursuant to the Supreme Court judgment to buttress her case..There have been other recent attempts to ensure that the NALSA judgment is implemented on the ground. Last week, a transgender sailor had approached the Delhi High Court after being dismissed from service by the Indian Navy..Read the petition:
