High Court Gives Delhi Govt Four Months To Decide on Recognizing Transgenders As Third Gender on DTC Bus Tickets

The Delhi High Court on Wednesday directed the Delhi Government to decide in four months a representation seeking recognition of transgender community as a third gender on the tickets of DTC buses and a provision for free travel for them.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a public interest litigation (PIL) filed by a person belonging to the transgender community claiming that the representation made on August 26 to the Delhi Government and DTC was not responded to.

The PIL thus sought directions on the Delhi Government and DTC to recognize transgender community as the third gender on the bus tickets issued to the commuters by conductors. It also sought directions for providing free of cost travel in the buses plied by DTC including cluster, feeder and mini buses.

While disposing of the plea, the bench took note of petitioner's submission that the DTC was asked to consider as representation a similar plea in the year 2020 for free tickets for the transgender community. However, the representation has not been decided till date.

Accordingly, the bench directed the Delhi Government to consider the two representations, moved by the petitioner in August 2022 and the earlier one of 2020, within a period of four months.

The bench also granted liberty to the petitioner to approach the court again if no decision is made by the State.

Advocates Amit George, Arkaneil Bhaumik, Rayadurgam Bharat, Piyo Harold Jaimon, Tanmay Cheema and Amol Acharya appeared for the petitioner.

The PIL claimed that at present, there is no recognition of transgenders in bus passes adding that such individuals must be recognized as the third gender for the reason that they identify themselves as a separate and distinct gender from male and female.

Stating that persons belonging to the transgender community have to choose between the two genders for travelling in out of compulsion, the PIL adds:

"The misery of the members of the TG (transgender) Community is further enhanced, when the conductor on a routine basis berates such persons for choosing the female gender, as the conductor accuses them of trying to procure free bus tickets.This causes intense trauma, agony and pain tothe persons from the TG community."

Title: x v. GNCTD 

Citation: 2022 LiveLaw (Del) 988