HC issues notice to Centre, Delhi govt on PIL seeking separate washrooms for third gender

The Delhi High Court on Monday issued notice to the Centre, Delhi Government, civic bodies and others on a Public Interest Litigation (PIL) seeking direction to respondents to take necessary actions for building separate washrooms for transgender/third genders.

The Bench of Justice DN Patel and Justice Jyoti Singh on Monday sought responses from the Union of India through the Ministry of Housing and Urban Affairs, the Government of NCT Delhi and Municipal Corporations in the matter and slated the matter for September 13.

The Petitioner Jasmine Kaur Chhabra, a law student, also sought direction from respondents to take necessary actions as per the Swachh Bharat Mission (Urban) Revised Guidelines dated October 5, 2017, specifying the need to make separate seat/toilets for transgenders. The plea further sought direction to maintain the hygiene of the washrooms so that people get equal rights and facilities for their basic needs. The petition seeks the proper implementation of the Transgender Persons (Protection of Rights) Act, 2019 criminalises the discrimination against a transgender person in education, employment, healthcare, movement and right to reside.

The plea states that the central government has released funds for the concerned issue but still there are no separate toilets are made for the transgender/third gender community in Delhi.

"Mysore, Bhopal and Ludhiana have already started taking action in such matter and have built separate public washrooms for them and that the capital of India, Delhi is still seen nowhere taking such an initiative," the plea states.

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 of India, the PIL observes.

"They do not even have any remedy available for the same as there are no provisions in the IPC,1860 that protects transgenders from sexual assault by any male, female or another transgender," the plea reads.