Madras High Court Seeks Govt's Response On Plea Seeking Gender Neutral Toilets Across State

The court was hearing a plea filed by transgender person. The petitioner claimed that though transgender persons in the state are given the choice to choose toilets of their own self-identified gender, in reality they are harassed- verbally, physically and sometimes sexually, whenever they try to use the same.

Advocate Arun Kasi, appearing for the petitioner, submitted that gender neutral toilets will not only help the gender non-confirming, non-binary, queer and other communities but will also help the disabled children/parent who need assistance of others (sometimes from opposite genders) for using the toilets.

The petitioner also submitted that such gender neutral toilets would promote inclusivity and remove the stigma surrounding gender non-conformity. It was argued that providing public toilets to all members of the society is one of the duties of the government.

Finding the prayers to be genuine, the court asked the State why appropriate steps are not being taken to address this issue. To this, the State responded that constructing gender neutral toilets would require time. However, the State also said that it is not opposing the idea.

The court then suggested that till the time gender neutral washrooms are constructed, some of the existing public toilets could be converted into gender neutral toilets.

"We do not have a gender neutral toilet even in our High Court premises. While such toilets must be constructed, in the meantime, if some of the existing public toilets are reserved to be used only by trans persons, their problem can be solved," the court noted.

The court adjourned the matter by a week directing the State counsel to seek instructions.

Case Title: Fred Rogers v. The Chief Secretary and others

Case No: WP 2499 of 2023