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Core Purpose

This Order constitutes an Advisory Committee, chaired by Hon'ble Ms. Justice Asha Menon, to study and recommend an equal opportunity policy and other measures for transgender persons, as directed by the Hon'ble Supreme Court.

Detailed Summary

This Order, issued by the Ministry of Social Justice and Empowerment (Department of Social Justice and Empowerment) on December 23, 2025, constitutes an Advisory Committee. This action is pursuant to the Hon'ble Supreme Court's judgment dated October 17, 2025, in Writ Petition (Civil) No. 1405/2023, Jane Kaushik & Ors. Vs. Union of India, which directed the Central Government to form such a committee under Article 142. The committee is chaired by Hon'ble Ms. Justice Asha Menon, Former Judge, Delhi High Court. Its mandate is to conduct an incisive study and recommend a viable equal opportunity policy and other measures for transgender persons, particularly in employment and education. The committee is also tasked with identifying gaps in the 'Transgender Persons (Protection of Rights) Act, 2019' and 'Transgender Persons (Protection of Rights) Rules, 2020', suggesting measures for reasonable accommodation in public spaces and workplaces, establishing grievance redressal mechanisms, and addressing inclusivity in medical aid. The committee includes nine members, with Ms. Jayna Kothari as Amicus Curiae and the Joint Secretary, Department of Social Justice & Empowerment as Convener. Additionally, Secretaries from seven Ministries, including Social Justice & Empowerment, Women and Child Development, Health and Family Welfare, Education, Labour and Employment, Personnel and Training, and Legal Affairs, will serve as ex-officio advisory members. The Committee must submit its report within six months from the order's issue date (December 23, 2025), with the Union of India responding with its draft policy within three months thereafter. The Ministry of Social Justice & Empowerment is responsible for providing all necessary logistical support and honorariums.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-23122025-268765 EXTRAORDINARY PART I-Section 1 PUBLISHED BY AUTHORITY No. 377] NEW DELHI, TUESDAY, DECEMBER 23, 2025/PAUSHA 2, 1947 8632 GI/2025 MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT (Department of Social Justice and Empowerment) (DP DIVISION) ORDER New Delhi, the 23rd December, 2025 Subject: Hon'ble Supreme Court Order dated 17.10.2025 under Article 142 in the matter of Jane Kaushik Vs. Union of India and Others [W.P. (C) No. 1405 of 2023] – Constitution of Advisory Committee – reg. F. No. DP-16/1/2024-DP.—The Hon'ble Supreme Court vide its judgement dated 17.10.2025, in Writ Petition (Civil) No. 1405/2023-Jane Kaushik & Ors. Vs. Union of India, has directed the Central Government to constitute an Advisory Committee to be chaired by Hon'ble Ms. Justice Asha Menon, Former Judge, Delhi High Court to conduct an incisive study and recommend a viable equal opportunity policy and other measures for transgender persons. 2. Pursuant to the direction of the Hon'ble Supreme Court, the Central Government has decided to constitute an Advisory Committee with the following composition: +---------------------------------------------------------------------------------------+-------------+ | 1. Hon'ble Ms. Justice Asha Menon, Former Judge of the Delhi High Court | Chairperson | | 2. Ms. Akkai Padmashali, Karnataka based Trans-rights Activist | Member | | 3. Ms. Grace Banu, Dalit rights and Trans-rights Activist | Member | | 4. Ms. Vyjayanti Vasanta Mogli, Telangana based Trans-rights Activist | Member | | 5. Mr. Sourav Mandal, Associate Professor, Jindal Global Law School, Sonepat | Member | | 6. Ms. Nithya Rajshekhar, Senior Research Associate, Centre for law and Policy Research,| Member | | Bengaluru | | | 7. Air Cmde (Dr.) Sanjay Sharma (Retd.), Chief Executive Officer, Association for | Member | | Transgender Health in India, Gurugram | | | 8. Ms. Jayna Kothari, Senior Advocate | Amicus | | | Curiae | | 9. Joint Secretary, Department of Social Justice & Empowerment, Ministry of Social Justice & | Convener | | Empowerment | | +---------------------------------------------------------------------------------------+-------------+ 3. The following shall be the ex-officio members of the Advisory Committee, who shall have only advisory jurisdiction in the Committee, in so far as the contents and scope of the report/policy draft are concerned: (i). Secretary, Department of Social Justice & Empowerment, Ministry of Social Justice & Empowerment, Govt. of India (ii). Secretary, Ministry of Women and Child Development, Govt. of India (iii). Secretary, Ministry of Health and Family Welfare, Govt. of India (iv). Secretary, Ministry of Education, Govt. of India (v). Secretary, Ministry of Labour and Employment, Govt. of India (vi). Secretary, Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, Govt. of India (vii). Secretary, Department of Legal Affairs, Ministry of Law and Justice, Govt. of India 4. The Committee may examine and submit a comprehensive draft report and /or policy draft addressing the following major points: (i) Formulating a viable and comprehensive equal opportunity policy for the transgender community in the arenas of employment and education which may serve as a model for adoption by all establishments; (ii) Highlight gaps in the ‘Transgender Persons (Protection of Rights) Act, 2019' and 'Transgender Persons (Protection of Rights) Rules, 2020' respectively and also suggest adequate measures to best address such lacunae; (iii) Measures to be taken to accommodate transgender persons reasonably in public spaces and workplaces, without being forced to keep their identity a secret, simultaneously keeping in mind that this should not act as measures which reveal the identity of the person, violating their right to privacy; (iv) Explore the proper mechanism for grievance redressal mechanism, starting from registration of complaints to the scope for appeals; (v) Identify the various documents that require changes in record, and also the mechanism for this change can be created, so that no humiliation is caused to the persons seeking changes; (vi) Deliberate upon how hospitals and places of medical aid can be made inclusive for transgender and gender diverse persons; (vii) Suggestions may be made how the State, without excessive bureaucratization, can guarantee rights provided under the 'Transgender Persons (Protection of Rights) Act, 2019' to genderqueer and non- binary persons, especially those who do not undergo gender affirmative surgeries; (viii) Make further recommendations beyond the specified mandate wherever necessary, to ensure a holistic and effective approach towards addressing the issues faced by the transgender and genderqueer community; (ix) While examining the above issues, the Committee may consider obtaining the views of the different stakeholders by way of circulating a questionnaire and seeking written responses thereon. Further, the Committee may also seek representation from and consult the governments of all the States and Union Territories; (x) Any other issues as deemed necessary. 5. The Committee will submit its report within six months from the date of issue of this order and Union of India to respond with its own draft policy within three months thereafter. 6. The ex-officio members as indicated in para 3 above shall collaborate with the Advisory Committee and extend full cooperation by providing all the necessary information, documents, and resources required by the Committee to effectively carry out its mandate. 7. The Central Government and all the States/Union Territories and agencies thereof, shall extend their full and meaningful cooperation to the Committee and provide the requisite data, information and assistance, as may be necessary. In case of any delay, reluctance or neglect on the part of the aforesaid bodies, the Committee will be at liberty to approach Hon'ble Apex Court through the amicus curiae seeking remedial actions. 8. The Ministry of Social Justice & Empowerment shall provide all necessary logistical support to facilitate the functioning of the Committee. This shall include making arrangements for travel, accommodation, and secretarial assistance, as well as covering all related expenses that the Committee members may incur. The Ministry shall provide office space to the Committee for holding its meetings and also to enable the officials to carry on its day-to-day activities. Additionally, the Ministry shall provide an appropriate honorarium to the members in recognition of their contributions. 9. The Chairpersons of the Advisory Committee shall be at liberty to engage the services of any person for the purpose of providing secretarial assistance in coordinating with the other members of the Committee, preparation of the policy drafts and/or final report and for the smooth and effective discharge of any other responsibilities as may arise during the course of carrying out the remit of the Committee. This shall include engagement of services of Data Analysts and Research Assistants as may be necessary for the effective discharge of the mandate of the Committee. 10. This issues with the approval of the Hon'ble Minister of Social Justice & Empowerment. MONALI P. DHAKATE, Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. SARVESH KUMAR RUMAR SAMASTA SARVESH SRIVASTAVA Date: 2025.12.23 21:37:16 +0530

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