High Court Asks Delhi Govt To Ensure No New Public Spaces Are Constructed Without Separate Toilets For Transgender Persons

The Delhi High Court on Thursday asked the Delhi government to ensure that the newly constructed public spaces incorporate separate toilets for Transgender persons.

A Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla ordered,

"Let a status report be filed by GNCTD, indicating what steps it has taken till date for creation of separate toilets for transgender persons. Number of toilets created so far should be disclosed. It should also be disclosed whether new in constructions of public spaces, separate toilets for transgender persons are being created or not. If not, we direct the GNCTD to look into this aspect without any delay."

The development ensued in a PIL filed by Jasmine Kaur Chhabra through Advocate Rupinder Pal Singh.

The plea seeks directions to take necessary action in compliance of Swacch Bharat Mission guidelines dated 15th October 2017 specifying the need to make seperate toilets for transgender community. Additionally, directions are sought for maintaining hygiene of such washrooms so that the rights of transgender community are protected in terms of the NALSA Judgment.

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

During the course of hearing, the Delhi Government informed the Court that its Department of Social Welfare has already issued a notice dated on 12 February, 2021, making provision for separate toilets for the third gender. It was submitted that until such toilets are constructed, public toilets built for physically disabled persons may be used by the Transgender persons.

The petitioner's counsel on the other hand argued that the government has sought 2 years' time for constructing separate toilets, which as per him is too long.

However, the Bench responded,

"So they are taking steps, this can't be raised overnight. They have said in the meantime toilets for disabled may be used. So it's not that there is no toilet at all. As the society is becoming more aware, more evolved to these things, you need to give time."

The matter will now be heard on 29 July.

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