Demand for separate toilets for transgenders

High Court seeks response from Central and Delhi Government on PIL

A public interest litigation has been filed in the Delhi High Court on Monday, seeking directions to the authorities to construct separate toilets for transgenders. The petition said that separate toilets are necessary for them so that they do not become victims of sexual assault and harassment.

Chief Justice D.N. Patel and Justice Jyoti Singh have issued notices to the Ministry of Housing and Urban Affairs, Government of Delhi, New Delhi Municipal Council, East Delhi Municipal Corporation, South and North Delhi Municipal Corporations on this petition. All of them have been directed to respond to the notice before September 13. It has been said in the petition that not having toilets on the basis of gender is against the directions of the Supreme Court. The counsel for the authorities sought time to obtain directions and file a reply, after which the court fixed September 13 as the next date of hearing in the matter. The petition, filed by Jasmin Kaur Chhabra, a final year law student, said that the central government has released the funds, but no separate toilets have been built for transgenders or third gender communities in Delhi. It has been told that separate toilets have already been built for them in Mysore, Bhopal and Ludhiana, but no initiative has been taken in this direction in the capital Delhi so far.

The petition, filed through advocate Rupinder Pal Singh, said that there is no separate toilet facility for transgenders, they have to use the gents toilet where they are victims of sexual harassment and harassment. Discrimination on the basis of sexual orientation or gender identity, therefore, undermines equality before the law and equal protection of the law and violates Article 14 of the Constitution. The petition states that they do not have any remedy available for this as there is no such provision in the IPC which protects transgenders from sexual harassment by any man, woman or any other transgender. It has been said in the petition that all people including men, women and transgenders feel hesitant and uncomfortable when a third gender person uses a washroom meant for others. It also violates the right to privacy of third gender.

It states that every person of any gender has certain basic human rights, including facilities to use a separate restroom, and that it is not fundamentally or morally correct to ask a particular gender to use a public toilet, which is not the same as that of the other gender. is designed to. The PIL states that the transgender community constitutes 7-8 per cent of the total population of the country, which makes it necessary for the authorities to provide equal facilities and equal treatment in this regard.