Provide separate toilets for transgenders in new buildings: High Court to Delhi government

New Delhi: The Delhi High Court Thursday told the Delhi government that wherever new public spaces are being developed, there should be separate toilets for transgenders and directed it to look into this aspect without any delay. A bench headed by Acting Chief Justice Vipin Sanghi, which was hearing a PIL seeking separate washrooms for the third gender, sought a status report from the Delhi government on the steps taken by it to build separate toilets for transgender persons and the number of such facilities created.

"Let a status report be filed by GNCTD, indicating what steps have been taken till date for the creation of separate toilets for transgenders. Number of toilets created so far should be disclosed. It should also be disclosed whether in new constructions/development of public spaces, separate toilets for transgender persons are being created or not. If not, we direct the respondents to look into this aspect without any delay," ordered the bench also comprising Justice Navin Chawla. "At least wherever you are making new development, new buildings, public places, there you should provide. Are you providing that?" asked the court.

The Delhi government counsel informed that some time is required for building the infrastructure and for the time being, transgender may use the toilets built for physically disabled persons. The counsel for the petitioner stated that the present issue has been pending for a long time and the government has set a timeline of two years for building the toilets. "They are taking steps. This cannot be raised overnight. Earlier it was not there... They have said in the meantime toilets meant for persons with disabilities will be used," the court said.

Last year, the court had asked the Centre, Delhi Government, and municipal authorities to respond to the PIL by fifth-year law student Jasmine Kaur Chhabra seeking direction to construct separate washrooms for the third gender on the ground that the absence of separate public toilets for transgenders makes them prone to sexual assault and harassment.

The petition has said that the absence of gender-neutral toilets goes against the directions of the Supreme Court and in spite of funds from the Centre, no separate toilets are being made for the transgender or third gender community in Delhi.  It has further said Mysore, Bhopal, and Ludhiana have already started taking action in this regard and have built separate public washrooms for them but the national capital is still seen nowhere taking such an initiative.

"There are no separate toilet facilities for transgenders, they have to use male toilets where they are prone to sexual assault and harassment. Discrimination on the ground of sexual orientation or gender identity, therefore, impairs equality before the law and equal protection of the law and violates Article 14 of the Constitution," the petition, filed through advocate Rupinder Pal Singh, has said.

People, including men, women, and transgenders, feel uncomfortable and hesitate when the third gender uses the washrooms which are made for others, the plea has asserted, adding that this also violates the 'right to privacy of the third gender.

The PIL has said the transgender community consists of 7-8 per cent of the total population of the country which makes it necessary for the authorities to provide the same facilities and equal treatment to them in this regard. The matter would be heard next on July 29.