Created byFuzzy Cloud

Supreme Court of India

JANE KAUSHIKversusUNION OF INDIA & ORS.

Citation
2026 INSC 129
Decided
6 February 2026
Disposal
Disposed off

Holding

The Court appointed Ms. Aparna Mehrotra as a member of the Advisory Committee and confirmed Ms. Nithya Rajshekhar’s continued membership despite her no longer being an associate of the Centre.

Summary

The Supreme Court heard a miscellaneous application filed by amicus curiae Ms. Jayna Kothari seeking the inclusion of Ms. Aparna Mehrotra, Senior Associate of the Centre for Law and Policy Research, as a member of the Advisory Committee constituted on 17 October 2025 to address the concerns of the transgender community. The Court observed that the existing member, Ms. Nithya Rajshekhar, was no longer an associate of the Centre but had made extensive contributions to transgender‑rights scholarship, and therefore allowed her to continue on the Committee. In the interest of the Committee’s effective functioning, the Court appointed Ms. Aparna Mehrotra as an additional member to represent the Centre’s scholarship in the field. The order clarified the composition of the Advisory Committee and disposed of the miscellaneous application. No statutory provisions were invoked in the reasoning.

Issues considered

  • Whether the Court can appoint Ms. Aparna Mehrotra as a member of the Advisory Committee formed to address transgender community concerns.
  • Whether Ms. Nithya Rajshekhar, no longer an associate of the Centre, may continue as a member of the Advisory Committee.

Headnote

Issue for Consideration Miscellaneous Application was filed seeking inclusion of Ms. Aparna Mehrotra, Senior Associate, Centre for Law and Policy Research as a member of the Advisory Committee formed by this Court vide judgment dated 17.10.2025 to address the community. Headnotes† Appointment of a member of the Advisory Committee – Miscellaneous Application was filed by the Amicus Curiae seeking inclusion of Ms. Aparna Mehrotra, Senior Associate, Centre for Law and Policy Research as a member to the Advisory Committee formed by

Subjects

Advisory CommitteeAdvisory Committee appointed to address the concerns of the transgender communityCentre for Law and Policy ResearchMember to the Advisory CommitteeMiscellaneous ApplicationMiscellaneous Application filed by Amicus Curiae

Judgment

          [2026] 3 S.C.R. 176 : 2026 INSC 129

                      Jane Kaushik
                             v.
                   Union of India & Ors.
         (Miscellaneous Application No. 196 of 2026
                                In
            Writ Petition (Civil) No. 1405 of 2023)
                       06 February 2026
       [J.B. Pardiwala and R. Mahadevan, JJ.]


                    Issue for Consideration
Miscellaneous Application was filed seeking inclusion of Ms. Aparna
Mehrotra, Senior Associate, Centre for Law and Policy Research
as a member of the Advisory Committee formed by this Court
vide judgment dated 17.10.2025 to address the concerns of the
transgender community.

                           Headnotes†
Appointment of a member of the Advisory Committee –
Miscellaneous Application was filed by the Amicus Curiae
seeking inclusion of Ms. Aparna Mehrotra, Senior Associate,
Centre for Law and Policy Research as a member to the
Advisory Committee formed by this Court vide judgment
dated 17.10.2025 to address the concerns of the transgender
community:
Held: Vide judgment dated 17.10.2025, an Advisory Committee
was constituted to address the concerns of the transgender
community with Ms. Nithya Rajshekhar as a member to represent
the Centre for Law and Policy Research – However, she is no
longer an Associate with the Centre but, taking into consideration
the extensive work undertaken by her with regard to the transgender
rights, she would continue as one of the members of the Advisory
Committee – Further, in the interest of functioning of the Advisory
Committee, Ms. Aparna Mehrotra, Senior Associate, Centre for Law
and Policy Research is also appointed as a member of the said
Advisory Committee to represent the Centre and its scholarship
in the field of transgender rights. [Paras 2-4]
[2026] 3 S.C.R.                                                          177

                    Jane Kaushik v. Union of India & Ors.


                             List of Keywords
     Advisory Committee; Advisory Committee appointed to address
     the concerns of the transgender community; Centre for Law and
     Policy Research; Member to the Advisory Committee; Miscellaneous
     Application; Miscellaneous Application filed by Amicus Curiae.

                             Case Arising From
     ORIGINAL CIVIL JURISDICTION: Miscellaneous Application No.
     196 of 2026
     In
     Writ Petition (Civil) No. 1405 of 2023
     From the Judgment and Order dated 17.10.2025 of the Supreme
     Court of India at Delhi in WC No. 1405 of 2023.

                          Appearances for Parties
     Adv. for the Petitioner(s):
     Ms. Jayna Kothari, Amicus Curie.
     Advs. for the Respondent(s):
     Ms. Aishwarya Bhati, A.S.G., Santosh Kr., Durga Dutt, Noor Rampal,
     Varun Chugh, B.L.N. Shivani, Ishaan Sharma, Dr. N. Visakamurthy,
     Ms. Deepanwita Priyanka, Vishwa Pal Singh, Mukesh Kumar,
     Srikant Singh, Ms. Aishwarya Sharma, Suraj Pal Singh Mina, Varun
     Singh, Atul Kumar, Mohit Negi.

                Judgment / Order of the Supreme Court

                                   Order

1.   By this Miscellaneous Application, Ms. Jayna Kothari, the learned
     Amicus Curiae has prayed for the following:-
           “Kindly allow the present application filed by the Amicus
           Curiae and pass appropriate directions to include Ms.
           Aparna Mehrotra, Senior Associate, Centre for Law and
           Policy Research as a member to the Advisory Committee
           formed by the order dated 17.10.2025.”
2.   Vide our judgment and order dated 17.10.2025, we had constituted
     the Advisory Committee with Ms. Nithya Rajshekhar as a member
178                                                        [2026] 3 S.C.R.

                              Supreme Court Reports


       to represent the Centre for Law and Policy Research (“Centre”).
       We take note of the fact that Ms. Nithya Rajshekhar is no longer an
       Associate with the Centre.
3.     However, taking into consideration the extensive work undertaken
       by Ms. Nithya Rajshekhar with regard to the transgender rights,
       we clarify that she would continue as one of the members of the
       Advisory Committee.
4.     In the interest of functioning of the Advisory Committee, we also
       appoint Ms. Aparna Mehrotra, Senior Associate, Centre for Law and
       Policy Research as member of the Advisory Committee formed by
       us vide our judgment and order dated 17.10.2025, to represent the
       Centre and its scholarship in the field of transgender rights.
5.     With the aforesaid directions, this Miscellaneous Application stands
       disposed of accordingly.

       Result of the case: Miscellaneous application disposed of.




       †
           Headnotes prepared by: Divya Pandey


Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "Advisory Committee"Sign in to search

For a digitally signed copy suitable for filing, refer to the court's own website. Only the court can issue one.