High Court Grants 8 Weeks To Delhi Govt For Construction Of Toilets For Transgender People

The Delhi High Court Tuesday directed the Delhi government to ensure that public toilets for transgender persons are constructed in the national capital within eight weeks, failing which it will direct personal appearance of top officials.

Taking note of the status report filed by the Delhi government, a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said "toilets have not been constructed at all" for transgenders. 

The bench also took note of the response filed by the New Delhi Municipal Council (NDMC) and said that while the affidavit indicates existence of paper work, the ground reality is that nothing has been done in the matter.

Accordingly, the bench granted time to the Delhi government to ensure that public toilets are constructed “as expeditiously as possible” within eight weeks. It also granted a “final opportunity” to the NDMC for construction of public toilets for transgenders.

It clarified that in case of non compliance of the directions, the court will be directing personal appearance of NDMC Chairman and Secretary of PWD, on the next date of hearing.

The court listed the matter for hearing on July 14, while asking the authorities to file a fresh status report.

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

The court was hearing a public interest litigation filed by Jasmine Kaur Chhabra through Advocate Rupinder Pal Singh.

The plea seeks directions for necessary action in compliance of Swacch Bharat Mission guidelines dated October 15, 2017, specifying the need to make separate toilets for transgender community. 

Directions are sought for maintaining hygiene of public washrooms so that the rights of transgender community are protected in terms of the Supreme Court judgments in NALSA v. Union of India.

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

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