The navy on Wednesday offered a job in a private company, which works for the government, to a transgender ex-sailor who was removed from service after she underwent a sex change surgery to become a female. The offer was made by the Indian Navy in the Delhi High Court before a bench of Justices G S Sistani and V K Rao. It said that while there was no job in the naval force for the former sailor, it could facilitate her to get employed as a data entry operator in a private company.
The submission on behalf of the Navy was made by Additional Solicitor General Sanjay Jain and central government standing counsel Anil Soni.
Senior advocate Anand Grover, appearing for the ex-sailor, said the offered job paid much less than what his client was getting while being on the rolls of the navy.
The senior lawyer said he would need to speak to his client on whether to accept the offer, which he termed unfair.
The bench thereafter listed the matter for hearing on December 15 by when the stand of the former sailor has to be indicated.
The court was hearing the ex-sailor’s plea challenging an October 6 order of the Navy removing her from service.
She had claimed that she was suffering from gender identity issues since 2011 and, when she had told her parents, they forced her to marry a woman.
She further claimed that she was absent from service without leave several times as she suffered from bouts of depression, owing to her gender identity issues.
The court had on the last date of hearing called for a change in mindset while asking the Navy to consider her for another job.
It had said that while the person deserved to be punished for indiscipline for being absent without leave, but where there was a medical condition of this sort, it may be seen from a different perspective.
The bench was also of the view that the petitioner who was posted onboard INS Eksila at Visakhapatnam, could give up the claim for the job of a sailor and may accept a clerical position so that the family, comprising aged parents, the individual’s wife and child, need not suffer.
The Navy had removed her from service as women cannot be employed as sailors.