New Delhi, July 23 : The Supreme Court on Monday agreed to hear a plea filed by a transgender who was refused a cabin crew position by national carrier Air India owing to her sexual orientation.

Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud said they would hear after two weeks the petition of Shanavi Ponnusamy, who alleged she was not hired by Air India because she is a transgender and the vacancies in the cabin crew were earmarked only for men or women.

Ponnusamy, who had undergone gender surgery in 2014 to change into a woman, moved the apex court to scrap the airline's hiring criteria which included a group discussion and a personality screening test for those willing to apply for cabin crew jobs.

Ponnusamy, born in 1989 in Tamil Nadu, graduated in engineering in 2010. She learnt about an advertisement on July 10, 2017 by Air India for the post of a female cabin crew for its Northern Region office in Delhi for an initial period of five years.

She applied in the female category as she had undergone a successful sexual reassignment surgery in Bangkok, she said in the plea, adding that she had no other option than to apply as a woman since there was no transgender column in the form given by Air India.

The petitioner said she got a call letter, appeared for group discussion and Personal Assessment tests and undertook four attempts, "but unfortunately she has not been short-listed for the post in question even though she fared well in the tests conducted".

The Transgender Persons (Protection of Rights) Bill, 2016 prohibits discrimination. It is clear that no person shall discriminate against a transgender person in relation to employment or occupation, the petition stated.

The petition also cited the apex verdict of 2014 that gave certain directions for protection of the rights of transgenders by including a third category in documents.

It said: "The right to choose one's gender identity is an essential part to lead a life with dignity, which again falls under the ambit of Article 21. Determining the right to personal freedom and self-determination, the court observed that the gender to which a person belongs is to be determined by the person concerned."

 

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Mumbai (PTI): The gunning down of Badlapur case accused Akshay Shinde on Monday was the "killing of justice", said Asim Sarode, lawyer for the two minor girls he allegedly sexually assaulted.

Shinde was killed near Mumbra Bypass around 6:15pm when he allegedly snatched the gun of a policeman while he was being ferried in a police vehicle as part of a probe into a case registered on the complaint of his former wife.

After he shot and injured an API, another personnel from the escort team fired at him, and he was declared dead by doctors at a nearby hospital.

"While representing the two minor girls, I noticed it was becoming uncomfortable for the local politics of the Thane district and even for the educational institution where Akshay Shinde was working. Shinde's death in such a manner is killing of justice," Sarode told a regional news channel.

"Now, the case of sexual assault of the two minor girls will get sidelined. The case of these two minor girls was becoming difficult for the educational institute, as it is affiliated with a certain political family. Such a practice would lower the confidence of people in police and the judiciary," he claimed.

Sarode said he will be filing a plea before the Bombay High Court demanding thorough inquiry into the firing incident.

"Shinde's case could have brought up certain aspects that would have been negative politically for the government. I wonder how Shinde could access the gun and how he could unlock it when his hands were tied. This is political murder and is absolutely wrong," he said.