143 Separate Public Toilets Built For Transgender Persons, Construction Of 253 More Underway: Delhi Govt To High Court

The Delhi Government has informed the Delhi High Court that 143 separate public toilets have been constructed in the national capital for transgender persons. 

The court is also informed that the construction of 223 public toilets for transgender persons is in process and the same is yet to start for 30 more toilets.

The Delhi Government has also said that 1584 toilets meant for persons with disabilities are designated for the use of transgender persons.

The information has been given by the Delhi Government in its status report filed on January 19 in a public interest litigation filed by Jasmine Kaur Chhabra seeking construction of separate toilets for transgender persons.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora heard the matter today and closed the PIL in terms of the affidavit as well as the action taken reports filed by the North Delhi Municipal Corporation (NDMC).

Advocate Rupinder Pal Singh appearing for Chhabra submitted that he has no objection to the PIL being closed. However, he prayed that the Delhi Government be bound by the undertaking and statements given in the status report and action taken reports.

Accordingly, the court ordered:

“Making the respondent bound by the statement and undertaking given in the status report and action taken reports, the present writ petition is closed.”

It was Chhabra's case that the lack of such toilets makes transgender people prone to “sexual assault and harassment”.

In March last year, the court directed the Delhi government to ensure that public toilets for transgender persons are constructed in the national capital within eight weeks.

In July 2022, the Delhi Government informed the court that it is making all possible efforts to ensure the creation of separate toilets for transgender persons and that the same will be done on a fast-track basis.

Stating that every human being, irrespective of gender, has basic human rights including the use of separate public toilets, the plea stated that not providing such facilities to transgender or third-gender persons violates their rights under Articles 14 and 21.

Case Title: Jasmine Kaur Chhabra v. UOI & Ors.

Citation: 2024 LiveLaw (Del) 582